U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. David Shumilo

United States v. David Shumilo
U.S. Court of Appeals for the Ninth Circuit · Decided December 22, 2014 · Hug, Farris, Canby
588 F. App'x 706

United States v. David Shumilo

Opinion

MEMORANDUM **

David Shumilo appeals from the district court’s judgment and challenges his guilty-plea conviction and 131-month sentence for a racketeer influenced and corrupt organizations conspiracy, in violation of 18 U.S.C. § 1962(d), and possession of a firearm in furtherance of a crime of violence or drug trafficking crime, in violation of 18 U.S.C. § 924(c). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Shumilo’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 Shumilo the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Shumilo has waived his right to appeal his conviction and 131-month sentence. Because the record discloses no arguable issue as to the validity of the appeal waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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