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United States v. Mark Simmons
707 F. App'x 881
| 9th Cir. | 2017
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Docket

*1 Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

Mark Anthony Simmons appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction. Pursuant to Anders v. California , 386 U.S. 738 (1967), Simmons’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of *2 record. We have provided Simmons 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 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 17-10047

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: United States v. Mark Simmons
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 20, 2017
Citation: 707 F. App'x 881
Docket Number: 17-10047
Court Abbreviation: 9th Cir.
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