United States of America v. Fredrick Hagen

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FREDRICK HAGEN,
Defendant-Appellant.
No. 17-50090
D.C. No. 2:13-cr-00159-MWF
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Michael W. Fitzgerald, District Judge, Presiding
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Fredrick Hagen appeals from the district court’s judgment and challenges
the revocation of probation and the 16-month sentence imposed upon revocation.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Hagen’s counsel has filed a
brief stating that there are no grounds for relief, along with a motion to withdraw
* 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
FEB 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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as counsel of record. We have provided Hagen 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.
Accordingly, we affirm the revocation and sentence.
We remand the case to the district court with instructions to correct the
judgment to reflect the revocation of probation, rather than supervised release.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED; REMANDED to correct the judgment.

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