United States v. Zedekiah Sykes

421 F. App'x 708

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 14, 2011
• Docket: 09-30340
• Status: Unpublished

Opinion

MEMORANDUM **

Zedekiah Sykes appeals from the district court’s order denying what he calls his motion for reconsideration of the court’s denial of pre-release prior to service of sentence. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Sykes’ counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. Sykes has filed two pro se briefs 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. To the extent Sykes seeks to raise challenges to his conviction, we dismiss in light of the valid and enforceable appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

Accordingly, counsel’s motion to withdraw is GRANTED, and the appeal is DISMISSED.

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