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United States of America v. Christopher Paul Hawk

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 20, 2011

UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,
v.
CHRISTOPHER PAUL HAWK, DEFENDANT - APPELLANT.

D.C. No. CR-01-05218-001-RJB Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

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. 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.


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