U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Allen

United States v. Allen
U.S. Court of Appeals for the Ninth Circuit · Decided September 10, 2008
291 F. App'x 852

United States v. Allen

Opinion of the Court

MEMORANDUM **

Koran McKinley Allen appeals from the 319-month sentence imposed upon remand following his jury-trial conviction for conspiracy, in violation of 18 U.S.C. § 371, armed bank robbery, in violation of 18 U.S.C. § 2113(a), (d), and use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Allen’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se supplemental brief, the government has filed an answering brief, and appellant has filed a reply.

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 judgment is AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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