United States v. Jay Sabree , 633 F. App'x 484 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10005
Plaintiff - Appellee, D.C. No. 2:14-cr-00601-SRB
v.
MEMORANDUM*
JAY ALI SABREE, a.k.a. Jay A. Sabree,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Jay Ali Sabree appeals from the district court’s judgment and challenges his
guilty-plea conviction and 48-month sentence for assault by strangling or
suffocating a spouse or intimate partner within Indian country, in violation of 18
U.S.C. §§ 113(a)(8), 1152. Pursuant to Anders v. California, 386 U.S. 738 (1967),
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Sabree’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 have provided Sabree the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Sabree waived his right to appeal his conviction and sentence. Our
independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
At sentencing, the district court announced a special condition of supervised
release that Sabree not contact the victim, Jodah Syretta Seymour, and that the
probation officer verify compliance. This special condition of supervised release
does not appear in the written judgment. We remand to the district court to add to
the written judgment this special supervised release condition. See United States v.
Hernandez, 795 F.3d 1159, 1169 (9th Cir. 2015) (remanding for the district court
to make the written judgment consistent with the unambiguous oral
pronouncement of sentence).
Counsel’s motion to withdraw is GRANTED.
DISMISSED; REMANDED to correct the judgment.
2 15-10005