United States v. Donye Maurice Sullivan

FILED NOT FOR PUBLICATION SEP 07 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-50410

Plaintiff - Appellee, D.C. No. 2:09-cr-00323-SVW v.

MEMORANDUM * DONYE MAURICE SULLIVAN,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California

Stephen V. Wilson, District Judge, Presiding Submitted August 23, 2010 **

Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.

Donye Maurice Sullivan appeals from his guilty-plea conviction and 24- month sentence for unauthorized use of access device obtain $1,000 or more, in violation of 18 U.S.C. § 1029(a)(2). Pursuant to Anders v. California, 386 U.S.

*

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

738 (1967), Sullivan’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 with 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 (1988), discloses no arguable grounds for relief on direct appeal. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 09-50410