NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 23 2009
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 09-10167
Plaintiff - Appellee, D.C. No. 2:98-cr-00114-FCD
v.
MEMORANDUM *
D’ANGELO DOMINGO DAVIS,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
D’Angelo Domingo Davis appeals from the aggregate 728-month sentence
imposed upon a second remand, following his jury-trial conviction for four counts
*
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).
EF/Research
of armed bank/credit union robbery, in violation of 18 U.S.C. § 2113(a), (d), and
three counts of using a firearm, in violation of 18 U.S.C. § 924(c)(1). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Davis’ counsel has filed a brief stating
there are no grounds for relief, along with a motion to withdraw as counsel of
record. Davis has filed objections to counsel’s motion to withdraw and a pro se
supplemental brief. The government has not 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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.
Davis’ motion to file a late pro se supplemental opening brief is
GRANTED. The Clerk shall file the brief received on December 1, 2009.
EF/Research 2 09-10167