Opinion
No. 07-30263.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed May 6, 2008.
Joshua A. Van De Wetering, Esq., Office of the U.S. Attorney, Missoula, MT, for Plaintiff-Appellee.
Cynthia K. Smith, Esq., Smith Law Offices, P.C., Missoula, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana Donald W. Molloy, Chief District Judge, Presiding. D.C. No. CR-03-00007-DWM.
Before: GRABER, FISHER and BERZON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Matthew Evans Dowd appeals from the district court's determination, following remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), that it would not have imposed a materially different sentence under an advisory Guidelines system.
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Dowd's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED, and the district court's order is AFFIRMED.