FILED

NOT FOR PUBLICATION DEC 21 2011

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. 10-50325

Plaintiff - Appellee, D.C. No. 2:99-cr-01095-SVW v.

MEMORANDUM * STEVE ERIC KEY, a.k.a. Seal A,

Defendant - Appellant.

Appeal from the United States District Court

for the Central District of California

Stephen V. Wilson, District Judge, Presiding

Submitted December 19, 2011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

Steve Eric Key appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Key’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record.

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

In his pro se supplemental brief, Key challenges his career offender status and alleges procedural errors at the original sentencing.

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, Key’s pro se motion for new counsel is DENIED, and the district court’s judgment is AFFIRMED.

2 10-50325