Shawn Percy v. United States

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 22 2023 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHAWN TYRONE PERCY, No. 17-16365

Petitioner-Appellant, D.C. Nos. 2:16-cv-02066-DGC 2:98-cr-00873-DGC-1

v.

UNITED STATES OF AMERICA, MEMORANDUM* Respondent-Appellee.

Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Submitted February 14, 2023** Before: FERNANDEZ, FRIEDLAND, and H.A. THOMAS, Circuit Judges.

Shawn Tyrone Percy appeals from the district court’s judgment denying his 28 U.S.C. § 2255 motion to vacate his conviction under 18 U.S.C. § 924(c)(1)(A)(iii) for discharging a firearm during the commission of a crime of violence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Percy’s counsel

*

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

**

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

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 Percy 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 (1988), discloses that the certified issue provides no basis for appellate relief. See Graves v. McEwen, 731 F.3d 876, 880-81 (9th Cir. 2013); see also United States v. Begay, 33 F.4th 1081, 1093-96 (9th Cir.) (en banc), cert. denied, 143 S. Ct. 340 (2022).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 17-16365