United States of America v. Oscar David Avila

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
OSCAR DAVID AVILA,
Defendant-Appellant.
No. 16-50378
D.C. No. 3:16-cr-01124-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Oscar David Avila appeals from the district court’s judgment and challenges
the 60-month sentence imposed following his guilty-plea conviction for possession
with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Avila’s counsel has filed a
* 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
OCT 27 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Avila the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Avila waived his right to appeal his sentence. Our independent review of
the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no
arguable issue as to the validity of the waiver. See United States v. Watson, 582
F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at
988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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