United States of America v. Rose Marie Davis

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROSE MARIE DAVIS,
Defendant-Appellant.
No. 18-10171
D.C. No. 2:17-cr-00272-JAD-
CWH-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted July 15, 2019**
Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
Rose Marie Davis appeals from the district court’s judgment and challenges
her guilty-plea convictions and aggregate 34-month sentence for mail theft, in
violation of 18 U.S.C. § 1708; using or trafficking in an unauthorized access
device, in violation of 18 U.S.C. § 1029(a)(2), (c)(1)(A)(i); and aggravated identity
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-10171
theft, in violation of 18 U.S.C. § 1028A(a)(1). Pursuant to Anders v. California,
386 U.S. 738 (1967), Davis’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 Davis the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Davis waived the right to appeal her 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.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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