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UNITED STATES of America, Plaintiff-Appellee, v. Michael O. DeVAUGHN, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2014-04-14No. No. 12-55957
569 F. App'x 505

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Opinion

majority opinion

MEMORANDUM

Michael O. DeVaughn appeals from the district court’s denial of his motion under Federal Rule of Civil Procedure 60(b) to set aside the court’s 1993 judgment denying his 28 U.S.C. § 2255 motion. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), DeVaughn’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. DeVaughn 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.