United States of America v. EUSEVIO CHAVALLO, Jr.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EUSEVIO CHAVALLO, Jr.,
Defendant - Appellant.
No. 14-30191
D.C. No. 2:13-cr-00100-RMP
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, Chief Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Eusevio Chavallo, Jr., appeals from the district court’s judgment and
challenges his guilty-plea conviction and 78-month sentence for distribution of a
mixture or substance containing a detectable amount of methamphetamine, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and possession of a firearm in
FILED
NOV 24 2015
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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furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Chavallo’s counsel has
filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. Chavallo has filed pro se supplemental briefs. No
answering brief has been filed.
Chavallo 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 review Chavallo’s pro se ineffective assistance of counsel
claims on direct appeal. See United States v. Rahman, 642 F.3d 1257, 1260 (9th
Cir. 2011).
Counsel’s motion to withdraw is GRANTED.
Chavallo’s pro se motion to accept the filing of his reply brief is
GRANTED. The Clerk shall file the reply brief received on October 23, 2015.
All other pending motions are DENIED.
DISMISSED.
14-30191 2

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