USA V. STEPHEN RHODES, No. 09-50577 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 21 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 09-50577 D.C. No. 2:00-cr-01221-MMM v. MEMORANDUM * STEPHEN RHODES, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding Submitted March 12, 2013 ** Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges. Stephen Rhodes appeals from the district court s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rhodes s counsel has filed a brief stating that * 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). there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Rhodes 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 09-50577

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