United States v. Juan Fernandez

FILED NOT FOR PUBLICATION AUG 22 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-35116 Plaintiff-Appellee, D.C. Nos. 2:14-cv-00267-WFN 2:12-cr-00125-WFN v. JUAN MANUEL FERNANDEZ, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding Submitted August 16, 2016** Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges. Juan Manuel Fernandez appeals from the district court’s order denying his 28 U.S.C. § 2255 motion. Pursuant to Anders v. California, 386 U.S. 738 (1967), Fernandez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided * 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). Fernandez 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. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 15-35116