United States of America, Plaintiff-appellee, v. James K. Gardner, Defendant-appellant, 38 F.3d 1219 (9th Cir. 1994)

MEMORANDUM^** 

James K. Gardner appeals his sentence of 147 months imposed following this court's vacation of his original sentence of 147 months in a prior appeal. Gardner was convicted by jury of unarmed bank robbery (18 U.S.C. § 2113(a)), armed bank robbery (18 U.S.C. § 2113(a) & (d)) and use of a firearm during and in relation to a crime of violence (18 U.S.C. § 924(c)). This court reversed Gardner's sentence and remanded when it found that the court below failed to consider the mens rea requirement inherent in a finding of obstruction of justice under U.S.S.G. 3C1.1. See United States v. Gardner, 988 F.2d 82, 83 (9th Cir. 1993). On remand the court below reimposed the original sentence, finding that Gardner possessed the requisite mens rea.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Gardner's counsel filed a brief stating that he finds no arguable issues for review and a motion to withdraw as counsel of record. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no issues for review.

Accordingly, counsel's motion to withdraw as counsel of record is GRANTED and the district court's judgment is AFFIRMED.¹