United States v. Daniel Nicherie

FILED NOT FOR PUBLICATION SEP 07 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-50312

Plaintiff - Appellee, D.C. No. 2:05-cr-01046-DSF-5 v.

MEMORANDUM* DANIEL NICHERIE, AKA Seal F,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding Submitted August 30, 2010** Pasadena, California

Before: KOZINSKI, Chief Judge, O’SCANNLAIN and GOULD, Circuit

Judges.

Nicherie appeals the district court’s revocation of his supervised release. Nicherie’s counsel has filed an Anders brief stating that there are no arguable

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. page 2 grounds for relief and a motion to withdraw as counsel. See Anders v. California, 386 U.S. 738, 744 (1967); United States v. Griffy, 895 F.2d 561, 562–63 (9th Cir. 1990). Nicherie alleges in a declaration supporting his motion for appointment of new counsel that the district court committed various errors at his revocation hearing.

We have independently examined the record and found no non-frivolous issues for appeal. United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir. 1998); see Penson v. Ohio, 488 U.S. 75, 80–81 (1988). Counsel’s motion to withdraw is granted. Nicherie’s motion for appointment of new counsel is denied.

AFFIRMED.