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NOT FOR PUBLICATION SEP 19 2012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Cir. 2011) (unpublished).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