United States v. Avery Hendricks , 671 F. App'x 586 ( 2016 )

FILED
NOT FOR PUBLICATION DEC 19 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10484
Plaintiff-Appellee, D.C. No. 4:13-cr-01428-RCC
v.
MEMORANDUM*
AVERY JOSEPH HENDRICKS,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Avery Joseph Hendricks appeals from the revocation of probation and
25-month sentence imposed upon revocation. Pursuant to Anders v. California,
386 U.S. 738 (1967), Hendricks’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
*
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).
provided Hendricks 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 that Hendricks admitted Allegations A and C, not Allegation B.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED; REMANDED to correct the judgment.
2 15-10484