United States of America v. Jasper Knabb

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JASPER KNABB,
Defendant - Appellant.
No. 12-10325
D.C. No. 3:11-cr-00009-JSW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Jasper Knabb appeals from the district court’s judgment and challenges his
guilty-plea conviction and 253-month sentence for conspiracy to commit securities
fraud, in violation of 18 U.S.C. § 1349; securities fraud, in violation of 18 U.S.C.
§ 1348; and falsifying books, records, and accounts, in violation of 15 U.S.C.
FILED
DEC 30 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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§§ 78m(b)(2)(A), 78m(b)(5), and 78ff. Pursuant to Anders v. California, 386 U.S.
738 (1967), Knabb’s counsel has filed a brief stating that there are no grounds for
relief, along with a motion to withdraw as counsel of record. Knabb has filed pro
se supplemental briefs, and the government has filed an answering brief.
Knabb has 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
(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.
We decline to address Knabb’s claim of ineffective assistance of counsel on
direct appeal as the record is insufficiently developed and counsel’s legal
representation was not so inadequate that it can be concluded at this point that
Knabb obviously was denied his Sixth Amendment right to counsel. See United
States v. McKenna, 327 F.3d 830, 845 (9th Cir. 2003) (“Claims of ineffective
assistance of counsel are generally inappropriate on direct appeal.”).
Counsel’s motion to withdraw is GRANTED.
Knabb’s pro se motion to file physical exhibits is GRANTED. The Clerk
shall file the physical exhibits received on July 24, 2013.
DISMISSED.
12-10325 2

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