United States v. Mark Simmons

U.S. Court of Appeals for the Ninth Circuit
United States v. Mark Simmons, 707 F. App'x 881 (9th Cir. 2017)
Wallace, Silverman, Bybee

United States v. Mark Simmons

Opinion

MEMORANDUM **

Mark Anthony Simmons appeals from the district court’s order denying his 18 U.S.C. § 8582(c)(2) motion for a sentence reduction. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct, 1396, 18 L.Ed.2d 493 (1967), Simmons’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 Simmons 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.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Mark Anthony SIMMONS, Defendant-Appellant
Status
Unpublished