United States v. James Bennett

MEMORANDUM

In these consolidated appeals, James Joseph Bjorne Bennett appeals his guilty-plea conviction and 168-month sentence for bank robbery and attempted bank robbery, in violation of 18 U.S.C. § 2113 (a), and the revocation of supervised release and concurrent 36-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Bennett’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Bennett has filed a pro se supplemental brief. No answering brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on these direct appeals. We decline to consider Bennett’s claims of ineffective assistance of counsel on direct appeal because the record is insufficiently developed to evaluate those claims, and Bennett’s legal representation was not so inadequate as to obviously deny his right to counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir.2011).

We remand for correction of the judgment in Appeal No.…