United States v. Joey Clark

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT APR 21 2010

MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS

UNITED STATES OF AMERICA, No. 09-10089

Plaintiff - Appellee, D.C. No. 2:07-CR-00077-PMP v.

MEMORANDUM * JOEY DESHAUN CLARK,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding Submitted April 5, 2010 **

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Joey Deshaun Clark appeals from his guilty-plea conviction and 70-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C.

*

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

§§ 922(g)(1) & 924(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Clark’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. Clark’s letter, received on March 10, 2010, is deemed filed. We construe the letter as a pro se supplemental brief. No 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. Accordingly, counsel’s motion to withdraw is GRANTED, the district court’s judgment is AFFIRMED.

2 09-10089