USA v. Hawk, No. 07-30067 (9th Cir. 2011)

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FILED JAN 20 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 07-30067 D.C. No. CR-01-05218-001-RJB v. MEMORANDUM * CHRISTOPHER PAUL HAWK, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Christopher Paul Hawk appeals from the district court s decision on remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), that it would not have imposed a materially different sentence had it known that the Sentencing Guidelines were advisory. Pursuant to Anders v. California, 386 U.S. * 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). 738 (1967), Hawk s counsel has filed a brief stating there are 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 and Hawk has filed a supplemental brief. No answering brief has been filed. Hawk s request for new counsel is denied. 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 07-30067

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