United States v. James Berry

FILED NOT FOR PUBLICATION JUL 28 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 12-50380 13-50403 Plaintiff - Appellee, D.C. No. 8:07-cr-00127-DOC v. JAMES FRANK BERRY, a.k.a. James MEMORANDUM* Berry, a.k.a. Jim Berry, a.k.a. Jim F. Berry, a.k.a. Jim Frank Berry, a.k.a. Thomas Joseph Moran, a.k.a. Alexander Randall, Defendant - Appellant. Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding Submitted July 22, 2014** Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges. In these consolidated appeals, James Frank Berry appeals from the district court’s 2012 judgment revoking supervised release and imposing an 11-month * 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). sentence, and the 2013 judgment revoking supervised release and imposing an 18- month sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Berry’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Berry 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 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 12-50380 & 13-50403