USA V. LEONEL MARIN-TORRES, No. 16-30260 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-30260 D.C. No. 2:09-cr-00262-RSL-1 v. LEONEL MARIN-TORRES, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge, Presiding Submitted November 17, 2017** Before: FARRIS, CANBY, and SILVERMAN, Circuit Judges. Leonel Marin-Torres appeals from the district court’s order denying his 18 U.S.C. § 3582 motion to reduce his sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Marin-Torres’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We * 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). have provided Marin-Torres the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. The district court did not abuse its discretion in declining to reduce MarinTorres’s sentence because of his extensive record of violence before and after his sentence was imposed. In addition, our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2

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