United States of America v. Brian McLucas

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NOT FOR PUBLICATION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.
BRIAN MCLUCAS,
Defendant - Appellant.
No. 09-50427
D.C. No. 2:99-cr-01168-RSWL
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Ronald S.W. Lew, District Judge, Presiding
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Brian McLucas appeals from his guilty-plea conviction and 235-month
concurrent sentence reimposed after a limited remand pursuant to United States v.
Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc).
Pursuant to Anders v. California, 386 U.S. 738 (1967), McLucas’s counsel
FILED
SEP 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50427 2
has filed a brief stating there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided McLucas 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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