USA V. RYAN KIMURA, No. 17-10353 (9th Cir. 2018)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAY 18 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 17-10353 D.C. No. 1:10-cr-00537-SOM v. MEMORANDUM* RYAN KIMURA, Defendant-Appellant. Appeal from the United States District Court for the District of Hawaii Susan O. Mollway, District Judge, Presiding Submitted May 15, 2018** Before: SILVERMAN, BEA, and WATFORD, Circuit Judges. Ryan Kimura appeals from the revocation of supervised release and aggregate 6-month sentence imposed upon revocation to be followed by a total of 54 months of supervised release. Pursuant to Anders v. California, 386 U.S. 738 (1967), Kimura’s counsel had filed a brief stating that there are no grounds for * 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). relief, along with a motion to withdraw as counsel of record. We have provided Kimura 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. We decline to address on direct appeal Kimura’s claim of ineffective assistance of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 17-10353

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