USA v. Troy Brimm, No. 09-10460 (9th Cir. 2010)

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FILED OCT 29 2010 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 09-10460 09-10461 Plaintiff - Appellee, D.C. Nos. 1:99-cr-05342-OWW 1:96-cr-05180-OWW v. TROY DOUGLAS BRIMM, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Oliver W. Wanger, District Judge, Presiding Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Troy Douglas Brimm appeals from the amended judgment imposing a sixmonth sentence following revocation of supervised release. Pursuant to Anders v. California, 386 U.S. 738 (1967), Brimm s counsel has filed a brief stating there are * 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). no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. We construe the letter filed on June 11, 2010, as a pro se supplemental 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. 2 09-10460

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