FILED
NOT FOR PUBLICATION APR 14 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-55957
Plaintiff - Appellee, D.C. Nos. 2:92-cv-07597-TJH
2:87-cr-00886-TJH
v.
MICHAEL O. DeVAUGHN, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Terry J. Hatter, Jr., District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Michael O. DeVaughn appeals from the district court’s denial of his motion
under Federal Rule of Civil Procedure 60(b) to set aside the court’s 1993 judgment
denying his 28 U.S.C. § 2255 motion. Pursuant to Anders v. California, 386 U.S.
738 (1967), DeVaughn’s counsel has filed a brief stating that there are no grounds
*
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).
for relief, along with a motion to withdraw as counsel of record. DeVaughn has
filed a pro se supplemental 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 (1988), discloses no arguable grounds for relief.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 12-55957