United States of America v. Christopher Paul Hawk

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER PAUL HAWK,
Defendant - Appellant.
No. 07-30067
D.C. No. CR-01-05218-001-RJB
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Robert J. Bryan, District Judge, Presiding
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Christopher Paul Hawk appeals from the district court’s decision on remand
pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), that
it would not have imposed a materially different sentence had it known that the
Sentencing Guidelines were advisory. Pursuant to Anders v. California, 386 U.S.
FILED
JAN 20 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-30067 2
738 (1967), Hawk’s counsel has filed a brief stating there are no grounds for relief,
along with a motion to withdraw as counsel of record. We have provided the
appellant with the opportunity to file a pro se supplemental brief and Hawk has
filed a supplemental brief. No answering brief has been filed.
Hawk’s request for new counsel is denied.
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.

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