UNITED STATES v. OMAN (2021)

United States Court of Appeals, Ninth Circuit.2021-04-22No. No. 20-30073

Summary · law.co

Holding. The court dismissed the appeal because Oman validly waived his right to appeal, and independent review of the record revealed no arguable issue challenging the validity of that waiver. Counsel's motion to withdraw was granted.

Michael Ryan Oman pleaded guilty to being a felon in possession of a firearm and received a 92-month sentence. He appealed his conviction and sentence, but had signed an agreement waiving his right to appeal. Oman's appellate counsel filed a brief indicating no viable grounds for relief and moved to withdraw from representation. Oman was given an opportunity to submit arguments on his own behalf but did not do so.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Validity of appeal waiver in guilty plea
Felon in possession of firearm conviction
Anders procedure for indigent appellate counsel

Procedural posture

Oman appealed his guilty plea conviction and 92-month sentence for felon in possession of a firearm after his appellate counsel filed an Anders brief indicating no grounds for relief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

MEMORANDUM **

Micheal Ryan Oman appeals from the district courts judgment and challenges his guilty-plea conviction and 92-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Omans 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 Oman the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Oman waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.

Counsels motion to withdraw is GRANTED.

DISMISSED.