United States of America v. Debra Ann Nickolas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEBRA ANN NICKOLAS,
Defendant - Appellant.
No. 15-10187
D.C. No. 2:12-cr-01927-NVW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted February 10, 2016**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Debra Ann Nickolas appeals from the district court’s April 1, 2015 judgment
and challenges her guilty-plea conviction and 60-month sentence for conspiracy, in
violation of 18 U.S.C. § 371, and tax evasion, in violation of 26 U.S.C. § 7201.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Nickolas’s counsel has filed
FILED
FEB 25 2016
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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a brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. Nickolas has filed a pro se supplemental brief. No answering
brief has been filed.
Nickolas has waived her right to appeal both the conviction and the
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).
We do not address any ineffective assistance of counsel claims on direct
appeal because this is not one of the unusual cases where (1) the record on appeal
is sufficiently developed to permit determination of the issue, or (2) the legal
representation is so inadequate that it obviously denies a defendant her Sixth
Amendment right to counsel. See United States v. Rahman, 642 F.3d 1257, 1260
(9th Cir. 2011).
Counsel’s motion to withdraw as counsel is GRANTED.
DISMISSED.
2

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