NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 6 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-50214
Plaintiff - Appellee, D.C. No. 2:11-cr-00405-TJH
v.
MEMORANDUM*
ANDREA LORRAINE AVERY, a.k.a.
Susie Allen, a.k.a. Rene Bell, a.k.a. Donna
Browning, a.k.a. Eileen Burke,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Terry J. Hatter, Jr., District Judge, Presiding
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Andrea Lorraine Avery appeals from the district court’s judgment and
challenges the 88-month sentence imposed following her guilty-plea conviction for
13 counts of bank fraud, in violation of 18 U.S.C. § 1344(2); and two counts of
*
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).
making a false statement to a bank, in violation of 18 U.S.C. § 1014. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Avery’s counsel has filed a brief stating
that there are no grounds for relief, along with a motion to withdraw as counsel of
record. Avery has filed a pro se supplemental brief. No answering brief has been
filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief on direct appeal except with
respect to the restitution award. In response to this court’s July 29, 2014, order, the
government filed a letter brief conceding that there is an irreconcilable discrepancy
between the restitution ordered by the district court at the sentencing hearing and
the restitution amount identified in the Amended Judgment. Accordingly, we
remand to the district court with instructions that it amend the judgment to reflect
the correct restitution amount of $1,935,709.44 payable to Bank of America and
$947,692.18 payable to Wells Fargo Bank, for a total of $2,883,401.62, as
pronounced at sentencing.
Counsel’s motion to withdraw is GRANTED.
Avery’s motion to file a late pro se supplemental brief is GRANTED. The
Clerk shall file the brief received on August 18, 2014.
AFFIRMED; REMANDED to correct judgment.
2 13-50214