FILED
NOT FOR PUBLICATION MAR 14 2011
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. 09-30340
Plaintiff - Appellee, D.C. No. 3:08-cr-00421-MA
v.
MEMORANDUM *
ZEDEKIAH SYKES, a.k.a. Rickie Darnell
Sykes,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Malcolm F. Marsh, Senior District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
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 (1967), Sykes’
*
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).
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 (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.
2 09-30340