NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 22 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHAWN TYRONE PERCY, No. 17-16365

Petitioner-Appellant, D.C. Nos. 2:16-cv-02066-DGC 2:98-cr-00873-DGC-1 v.

UNITED STATES OF AMERICA, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Submitted February 14, 2023**

Before: FERNANDEZ, FRIEDLAND, and H.A. THOMAS, Circuit Judges.

Shawn Tyrone Percy appeals from the district court’s judgment denying his

28 U.S.C. § 2255 motion to vacate his conviction under 18 U.S.C.

§ 924(c)(1)(A)(iii) for discharging a firearm during the commission of a crime of

violence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Percy’s counsel

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). has filed a brief stating that there are no grounds for relief, along with a motion to

withdraw as counsel of record. We have provided Percy the opportunity to file a

pro se supplemental brief. No pro se supplemental brief or answering brief has

been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.

75, 80-81 (1988), discloses that the certified issue provides no basis for appellate

relief. See Graves v. McEwen, 731 F.3d 876, 880-81 (9th Cir. 2013); see also

United States v. Begay, 33 F.4th 1081, 1093-96 (9th Cir.) (en banc), cert. denied,

143 S. Ct. 340 (2022).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 17-16365