U.S. v. Harvey

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Gary Raymond HARVEY…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 21, 2003

55 F. App'x 445 (9th Cir. 2003)

Opinion

55 Fed.Appx. 445 (9th Cir. 2003) UNITED STATES of America, Plaintiff-Appellee, v. Gary Raymond HARVEY, Defendant-Appellant. No. 01-30426. D.C. No. CR-00-60049-AA-01. United States Court of Appeals, Ninth Circuit. January 21, 2003

Submitted Jan. 13, 2003. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Oregon, Ann L. Aiken, District Judge, Presiding.

Before BEEZER, KLEINFELD, and PAEZ, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Gary Raymond Harvey appeals the district court's denial of his pre-trial motions and his conviction by conditional guilty plea to one count of making a false claim

Page 446.

for refund, in violation of 18 U.S.C. §§ 287 and 2.

Pursuant to this court's June 12, 2002 order, we construe counsel's opening brief as a brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and as a motion to withdraw as counsel of record. Harvey has filed a pro se supplemental brief and a reply brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988) discloses no issues requiring further review. Accordingly, counsel's motion to withdraw is GRANTED and the district court's judgment is AFFIRMED.