United States v. Steve Key

FILED
NOT FOR PUBLICATION DEC 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50325
Plaintiff - Appellee, D.C. No. 2:99-cr-01095-SVW
v.
MEMORANDUM *
STEVE ERIC KEY, a.k.a. Seal A,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Steve Eric Key appeals from the district court’s order denying his 18 U.S.C.
§ 3582(c)(2) motion for reduction of sentence. Pursuant to Anders v. California,
386 U.S. 738 (1967), Key’s counsel has filed a brief stating there are no grounds
for relief, along with a motion to withdraw as counsel of record.
*
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).
In his pro se supplemental brief, Key challenges his career offender status
and alleges procedural errors at the original sentencing.
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, Key’s pro se
motion for new counsel is DENIED, and the district court’s judgment is
AFFIRMED.
2 10-50325