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[U} United States of America v. Zedekiah Sykes

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


March 14, 2011

UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,
v.
ZEDEKIAH SYKES, A.K.A. RICKIE DARNELL SYKES, DEFENDANT - APPELLANT.

D.C. No. 3:08-cr-00421-MA Appeal from the United States District Court for the District of Oregon Malcolm F. Marsh, Senior District Judge, Presiding

NOT FOR PUBLICATION

MEMORANDUM*fn1

Submitted March 8, 2011*fn2

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

Zedekiah Sykes appeals from the district court's order denying what he calls his motion for reconsideration of the court's denial of pre-release prior to service of sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Sykes' counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. Sykes has filed two pro se briefs and the Government has filed an answering brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. To the extent Sykes seeks to raise challenges to his conviction, we dismiss in light of the valid and enforceable appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).

Accordingly, counsel's motion to withdraw is GRANTED, and the appeal is DISMISSED.


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