United States v. Jeffrey Kim

FILED NOT FOR PUBLICATION JUL 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-50326 Plaintiff - Appellee, D.C. No. 8:04-cr-00317-AHS v. JEFFREY SEUNG KIM, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the Central District of California Alicemarie H. Stotler, District Judge, Presiding Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Jeffrey Seung Kim appeals from the district court’s order revoking supervised release and imposing a sentence that included the added supervised release condition that he participate in a Residential Reentry Center for a period of six months. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Kim’s 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 Kim 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 no arguable grounds for relief on direct appeal. Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. 2 09-50326