Seymour
United States v. Seymour
Opinion
Lead Opinion
MEMORANDUM **
Richard Lewis Seymour appeals the district court’s judgment imposing a 63-month sentence following his guilty-plea conviction for making a false statement during a firearms purchase, in violation of 18 U.S.C. §§ 922 (a)(6) and 924(a)(2).
Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Seymour has filed a brief stating that he finds no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.
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 remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), and United States v. Moreno-Hernandez, 419 F.3d 906, 916 (9th Cir.2005) (extending Ameline’s limited remand procedure to cases involving non-constitutional Booker error).
Counsel’s motion to withdraw as counsel on appeal is denied.
*219 The conviction is AFFIRMED, and the sentence is REMANDED.