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UNITED STATES of America, Plaintiff-Appellee, v. David Manning DONALDSON, Defendant-Appellant.

124 F.3d 213 (9th Cir. 1997) UNITED STATES of America, Plaintiff-Appellee, v. David Manning DONALDSON, Defendant-Appellant. No. 93-50309. United States Court of Appeals, Ninth Circuit September 12, 1997

Submitted September 8, 1997.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the Central District of California, No. CR-81-00541-R; Manuel L. Real, District Judge, Presiding.

Before: HALL, BRUNETTI and THOMAS, 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 9th Cir. R. 36-3.

David M. Donaldson appeals the sentence imposed following the revocation of his probation based on his failure to file required income tax returns. His attorney has filed a brief stating that she finds no issues for review and a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738 (1967). Our examination of counsel's brief and our independent review of the record under Penson v. Ohio, 488 U.S. 75, 83 (1988), disclose no issues for review.

Accordingly, we grant counsel's motion to withdraw and affirm the district court's judgment.

AFFIRMED.

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U.S. v. Donaldson
(Sep 12, 1997)