United States v. Eugene Fulks

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 16 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-10316 Plaintiff-Appellee, D.C. No. 1:11-cr-00317-JMS v. MEMORANDUM* EUGENE M. FULKS, Defendant-Appellant. Appeal from the United States District Court for the District of Hawaii J. Michael Seabright, Chief Judge, Presiding Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. Eugene M. Fulks appeals from the district court’s judgment and challenges the revocation of supervised release and six-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Fulks’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). withdraw as counsel of record. We have provided Fulks 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 17-10316