United States of America v. Husam Samarah

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).
DRS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HUSAM SAMARAH,
Defendant - Appellant.
No. 07-50206
D.C. No. CR-02-00128-MLR
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and LEAVY, Circuit Judges.
Husam Samarah appeals from the 87-month sentence reimposed following a
limited remand pursuant to United States v. Ameline, 409 F.3d 1073, 1079 (9th Cir.
FILED
JAN 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DRS/Research 07-50206 2
2005) (en banc). Pursuant to Anders v. California, 386 U.S. 738 (1967),
Samarah’s counsel has filed a brief stating there are no grounds for relief, along
with a motion to withdraw as counsel of record. Samarah has filed a pro se
supplemental opening brief and reply 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.
Samarah’s pro se motion for admission of new evidence is DENIED.
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED.

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