UNITED STATES v. JONES (2021)

United States Court of Appeals, Ninth Circuit.2021-09-16No. No. 21-30090

Summary · law.co

Holding. The appellate court affirmed the district court's judgment revoking supervised release and imposing the 6-month custodial sentence and 51-month supervised release term, granted counsel's motion to withdraw, and denied Jones's request to terminate supervised release without prejudice to renewal in the district court.

Dawan Deonte Jones appealed the district court's revocation of his supervised release, which resulted in a 6-month prison sentence followed by 51 months of supervised release. Jones's appointed counsel filed a brief under Anders v. California stating no viable grounds for appeal existed and sought to withdraw, while Jones submitted his own supplemental brief arguing for termination of supervised release. After independent review of the appellate record, the court found no colorable issues warranting reversal or modification of the district court's decision.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether the revocation of supervised release was justified
Whether the imposed sentence was appropriate
Whether supervised release should be terminated

Procedural posture

Jones appealed the district court's judgment revoking his supervised release and imposing a custodial sentence and new term of supervised release.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

MEMORANDUM **

Dawan Deonte Jones appeals from the district courts judgment revoking supervised release and imposing a 6-month custodial sentence and 51-month term of supervised release. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Joness counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Jones has filed a pro se supplemental brief. No answering brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

Counsels motion to withdraw is GRANTED.

Joness pro se request to terminate his supervised release is denied without prejudice to renewal in the district court at the appropriate time. See 18 U.S.C. § 3583(e)(1).

Within 7 days of this disposition, appellee must serve the disposition on appellant individually and provide the court with proof of service, including appellants mailing address.

AFFIRMED.