United States v. 2020-04-14 | 19-10121 | USA V. VIRGIL NELSON | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

VIRGIL CLINTON NELSON,

Defendant-Appellant.

No. 19-10121

D.C. No. 3:18-cr-08302-SMB-1

MEMORANDUM
*

Appeal from the United States District Court
for the District of Arizona
Susan M. Brnovich, District Judge, Presiding

Submitted April 7, 2020
**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

Virgil Clinton Nelson appeals from the district court’s judgment and
challenges his guilty-plea conviction and 240-month sentence for abusive sexual
contact of a child, in violation of 18 U.S.C. §§ 1153, 2244(a)(5), and 2246(3).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Nelson’s counsel has filed a

*
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

APR 14 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-10121
brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Nelson the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Nelson 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.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.