United States v. 2010-03-31 | 09-10117 | USA V. JEFFREY VINCENT | nonprecedential | memorandum…

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).
DAT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JEFFREY VINCENT,
Defendant - Appellant.
No. 09-10117
D.C. No. 1:98-CR-00763-DAE
MEMORANDUM *
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Jeffrey Vincent appeals from the district court’s denial of his 18 U.S.C. §
3582(c)(2) motion to modify his sentence. We have jurisdiction pursuant to 28
U.S.C. § 1291, and we affirm.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Aikens’ counsel has
FILED
MAR 31 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

DAT/Research 09-10117 2
filed a brief stating there are no grounds for relief, along with a motion to withdraw
as counsel of record. Appellant has filed a pro se supplemental brief, and the
Government has 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.
All pending motions are denied.

-- 2 of 2 --