U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Lewis

United States v. Lewis
U.S. Court of Appeals for the Ninth Circuit · Decided April 21, 2010 · McKeown, Paez, Rymer
377 F. App'x 599

United States v. Lewis

Opinion of the Court

MEMORANDUM **

Melvin Lewis appeals from the district court’s order granting in part and denying in part his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Lewis’ 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, 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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