United States v. Allen

101 F. App'x 754

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 24, 2004
• Docket: No. 03-30423
• Status: Published

Opinion

MEMORANDUM

**

Burton Chanta Alen appeals the district court’s imposition of a 188-month sentence upon remand. This court previously affirmed Alen’s conviction for conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § 841(b)(1)(A), vacated the original sentence and remanded for resentencing. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Alen has filed a brief stating that he finds no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

Our examination of the brief and our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), disclose no 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 may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.