United States v. Holiday
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Anthony J. Battaglia (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 22 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-445 D.C. No. 3:17-cr-01370-AJB-1 Plaintiff - Appellee, v. MEMORANDUM*
JUAN MARQUIS HOLIDAY,
Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Anthony J. Battaglia, District Judge, Presiding Submitted November 14, 2023** Before: SILVERMAN, WARDLAW, and TALLMAN, Circuit Judges.
Juan Marquis Holiday appeals from the district court’s judgment and challenges the 64-year-and-10-month sentence imposed on remand for resentencing following his jury-trial convictions for multiple counts of interference and attempted interference with commerce by robbery and brandishing and * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). discharging a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 2, 1951, and 924(c), respectively. Pursuant to Anders v. California, 386 U.S. 738 (1967), Holiday’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Holiday the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel’s motion to withdraw is GRANTED.
Holiday’s pro se motion to appoint new counsel is DENIED.
AFFIRMED.
2 23-445