United States of America v. Hoang Mung Thai

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
EF/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HOANG MUNG THAI,
Defendant - Appellant.
No. 07-30408
D.C. No. CR-05-00347-TSZ
MEMORANDUM *
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, Senior District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Hoang Mung Thai appeals from the 108-month sentence imposed upon a
remand for resentencing, following his guilty-plea conviction for possession with
FILED
DEC 11 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EF/Research 07-30408 2
intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B), and 18
U.S.C. § 2. Pursuant to Anders v. California, 386 U.S. 738 (1967), Thai’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. 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, 80-81 (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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