Ewalt

United States v. Ewalt

Good Law
121 F. App'x 786
United States Court of Appeals for the Ninth CircuitFebruary 18, 2005No. 04-30035California238 words

Opinion

Lead Opinion

*787 MEMORANDUM **

Darin William Ewalt appeals from his jury-trial conviction and sentence for conspiracy to manufacture, manufacturing, distribution of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, unlawful user or addict in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(3), and possession of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(l)(A)(i).

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Ewalt has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Ewalt has not filed a pro se supplemental brief.

We have conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988). We affirm the conviction. We vacate the sentence and remand for resentencing in light of United States v. Booker, — U.S.-,-, 125 S.Ct. 738, 769 , 160 L.Ed.2d 621 (2005) and United States v. Ameline, No. 02-30326, 2005 WL 350811 (9th Cir. Feb.9, 2005).

Counsel’s motion to withdraw as counsel on appeal is denied.

The conviction is AFFIRMED, the sentence is…

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