United States v. Maxie Moore

FILED NOT FOR PUBLICATION SEP 19 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-30336 Plaintiff - Appellee, D.C. No. 2:09-cr-00239-RBL v. MEMORANDUM * MAXIE A. MOORE, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Maxie A. Moore appeals from the district court’s amended judgment issued following this court’s remand in United States v. Moore, 449 Fed. Appx. 677 (9th Cir. 2011) (unpublished). Pursuant to Anders v. California, 386 U.S. 738 (1967), * 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). Moore’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Moore 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 direct appeal. Accordingly, counsel’s motion to withdraw is GRANTED. AFFIRMED. Moore’s motion for appointment of new counsel, received on April 20, 2012, is DENIED. 2 11-30336