FILED
NOT FOR PUBLICATION MAY 18 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10612
Plaintiff - Appellee, D.C. No. 1:85-cr-00205-LJO
v.
MEMORANDUM*
DARRYL BURTON,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Darryl Burton appeals from the district court’s order denying his motion to
correct his sentence under Federal Rule of Criminal Procedure 35(a). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Burton’s counsel has filed a brief
stating that there are no grounds for relief, along with a motion to withdraw as
*
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 of record. Burton has filed a pro se supplemental opening 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 appeal.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 13-10612