United States v. Allen

131 F. App'x 553

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 16, 2005
• Docket: No. 04-50399; D.C. No. CR-03-00168-R-01
• Status: Published

Opinion

MEMORANDUM

**

Marvin Allen appeals the district court’s order revoking his supervised release and imposing an 18-month term of imprisonment followed by a 5-year term of supervised release. Allen was originally convicted of conspiracy to possess with the intent to distribute cocaine and attempt to possess with the intent to distribute cocaine, all in violation of 21 U.S.C. §§ 841(a)(1) and 846.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Allen has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. No pro se supplemental brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no grounds for relief.

Accordingly, we GRANT counsel’s motion to withdraw and AFFIRM the district court’s judgment.

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.