U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. Avery Hendricks

United States v. Avery Hendricks
U.S. Court of Appeals for the Ninth Circuit · Decided December 19, 2016 · Wallace, Leavy, Fisher
671 F. App'x 586

United States v. Avery Hendricks

Opinion

MEMORANDUM **

Avery Joseph Hendricks appeals from the revocation of probation and 25-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Hendricks’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Hendricks 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. Accordingly, we affirm the revocation and sentence.

We remand the case to the district court with instructions to correct the judgment to reflect that Hendricks admitted Allegations A and C, not Allegation B.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED; REMANDED to correct the judgment.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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