United States v. Ryan Kimura ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-10353
Plaintiff-Appellee, 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