United States of America v. D’angelo Domingo Davis

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).
EF/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
D’ANGELO DOMINGO DAVIS,
Defendant - Appellant.
No. 09-10167
D.C. No. 2:98-cr-00114-FCD
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
D’Angelo Domingo Davis appeals from the aggregate 728-month sentence
imposed upon a second remand, following his jury-trial conviction for four counts
FILED
DEC 23 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EF/Research 09-10167 2
of armed bank/credit union robbery, in violation of 18 U.S.C. § 2113(a), (d), and
three counts of using a firearm, in violation of 18 U.S.C. § 924(c)(1). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Davis’ counsel has filed a brief stating
there are no grounds for relief, along with a motion to withdraw as counsel of
record. Davis has filed objections to counsel’s motion to withdraw and a pro se
supplemental brief. The government has not 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.
Davis’ motion to file a late pro se supplemental opening brief is
GRANTED. The Clerk shall file the brief received on December 1, 2009.

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