USA V. GREGORY GRIMALDO, No. 15-10221 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 14 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 15-10221 D.C. No. 2:10-cr-00355-GEB v. MEMORANDUM* GREGORY ALAN GRIMALDO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., District Judge, Presiding Submitted December 9, 2015** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges. Gregory Alan Grimaldo appeals from the district court’s judgment and challenges the 18-month sentence imposed upon revocation of supervised release. Pursuant to Anders v. California, 386 U.S. 738 (1967), Grimaldo’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). withdraw as counsel of record. Grimaldo has filed a pro se supplemental brief, and the government has filed an answering brief. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED. Grimaldo’s pro se motion for bail pending appeal is DENIED as moot. AFFIRMED. 2 15-10221

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