United States v. Samarah

362 F. App'x 666
Court of Appeals for the Ninth Circuit·Decided January 13, 2010·No. 07-50206·Unpublished

Opinion

MEMORANDUM **

Husam Samarah appeals from the 87-month sentence reimposed following a limited remand pursuant to United States v. Ameline, 409 F.3d 1073, 1079 (9th Cir.2005) (en banc). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Samarah’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Samarah has filed a pro se supplemental opening brief and reply brief, and the government has filed an answering brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

Samarah’s pro se motion for admission of new evidence is DENIED.

Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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United States v. Samarah, 362 F. App'x 666 (9th Cir. 2010).

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
United States v. Alfred Arnold Ameline
409 F.3d 1073 (Ninth Circuit, 2005)