United States v. Hawk

U.S. Court of Appeals for the Ninth Circuit
United States v. Hawk, 411 F. App'x 83 (9th Cir. 2011)

United States v. Hawk

Opinion

MEMORANDUM **

Christopher Paul Hawk appeals from the district court’s decision on remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), that it would not have imposed a materially different sentence had it known that the Sen *84 tencing Guidelines were advisory. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Hawk’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 and Hawk has filed a supplemental brief. No answering brief has been filed.

Hawk’s request for new counsel is denied.

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 provid *84 ed by 9 th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Christopher Paul HAWK, Defendant-Appellant
Status
Unpublished