USA V. FREDRICK HAGEN, No. 17-50090 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION FEB 16 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 17-50090 D.C. No. 2:13-cr-00159-MWF v. MEMORANDUM* FREDRICK HAGEN, Defendant-Appellant. Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. Fredrick Hagen appeals from the district court’s judgment and challenges the revocation of probation and the 16-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Hagen’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw * 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). as counsel of record. We have provided Hagen 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. Accordingly, we affirm the revocation and sentence. We remand the case to the district court with instructions to correct the judgment to reflect the revocation of probation, rather than supervised release. Counsel’s motion to withdraw is GRANTED. AFFIRMED; REMANDED to correct the judgment. 2 17-50090

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