United States of America v. Steven M. Underhill

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STEVEN M. UNDERHILL,
Defendant - Appellant.
No. 13-10516
D.C. No. 2:12-cr-00301-APG
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Andrew P. Gordon, District Judge, Presiding
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Steven M. Underhill appeals from the district court’s judgment and
challenges his guilty-plea conviction and five-year term of probation for two
counts of making a false statement, in violation of 18 U.S.C. § 1001; and one count
of witness tampering, in violation of 18 U.S.C. § 1512(b)(3). Pursuant to Anders v.
FILED
JUL 28 2014
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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California, 386 U.S. 738 (1967), Underhill’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 Underhill the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Underhill 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.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
13-10516 2

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