NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, Nos. 13-30149
13-30150
Plaintiff - Appellee,
D.C. Nos. 3:08-cr-00441-MO
v. 3:08-cr-00447-MO
JAMES JOSEPH BJORNE BENNETT, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Submitted February 17, 2015**
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
In these consolidated appeals, James Joseph Bjorne Bennett appeals his
guilty-plea conviction and 168-month sentence for bank robbery and attempted
bank robbery, in violation of 18 U.S.C. § 2113(a), and the revocation of supervised
*
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). Accordingly, Bennett’s pro
se request for oral argument is denied.
release and concurrent 36-month sentence imposed upon revocation. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Bennett’s counsel has filed a brief
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. Bennett has filed a pro se supplemental brief. No 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 these direct appeals. We
decline to consider Bennett’s claims of ineffective assistance of counsel on direct
appeal because the record is insufficiently developed to evaluate those claims, and
Bennett’s legal representation was not so inadequate as to obviously deny his right
to counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).
We remand for correction of the judgment in Appeal No. 13-30149. Bennett
admitted to violating the conditions of his supervised release by committing the
bank robbery offenses. The judgment shall be amended to reflect that supervised
release was revoked on the basis of Bennett’s commission of a new crime, and all
references to violations of standard conditions #2 and #6 shall be stricken.
Counsel’s motion to withdraw is GRANTED. All other pending motions
are denied.
2 13-30149 & 13-30150
AFFIRMED; REMANDED to correct the judgment in Appeal No. 13-
30149.
3 13-30149 & 13-30150