Moghaddam

United States v. Moghaddam

Good Law
175 F. App'x 172
United States Court of Appeals for the Ninth CircuitJune 7, 2006No. 02-50580California211 words

Opinion

Lead Opinion

ORDER and MEMORANDUM **

The Memorandum Disposition filed on April 10, 2006, is WITHDRAWN and replaced with the following Memorandum Disposition:

Houman Backzadeh Moghaddam appeals from his guilty-plea conviction and 38-month sentence imposed for wire and mail fraud, in violation of 18 U.S.C. §§ 1341 , 1343, 2, and 2326.

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Moghaddam has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Moghaddam has filed a pro se *173 supplemental brief. The government has filed an answering brief. Moghaddam has filed a pro se reply brief.

Our 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), discloses no grounds for relief. We affirm the conviction and remand for resentencing under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).

Counsel’s motion to withdraw is DENIED.

All other pending motions are denied as moot.

CONVICTION AFFIRMED; SENTENCE REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of…

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