United States of America v. Juan Marquis Holiday

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN MARQUIS HOLIDAY,
Defendant - Appellant.
No. 23-445
D.C. No. 3:17-cr-01370-AJB-1
MEMORANDUM*
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).
FILED
NOV 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 23-445
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 of 2 --