FILED
NOT FOR PUBLICATION OCT 19 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30010
Plaintiff - Appellee, D.C. No. 1:14-cr-00197-BLW
v.
MEMORANDUM*
STEVEN G. GREGORY,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
Steven G. Gregory appeals from the district court’s judgment and challenges
his guilty-plea conviction and 30-month sentence for bankruptcy fraud (asset
concealment) and aiding and abetting, in violation of 18 U.S.C. §§ 2 and 152(1).
*
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). Gregory’s pro se request for
oral argument is denied.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Gregory’s counsel has filed
a brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. Gregory has filed a pro se supplemental brief. No answering
brief has been filed.
Gregory 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.
We decline to review Gregory’s pro se 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 his
Sixth Amendment right to counsel.” United States v. Rahman, 642 F.3d 1257,
1260 (9th Cir. 2011).
Counsel’s motion to withdraw is GRANTED.
Gregory’s pro se motions to expedite this appeal and for a stay of
incarceration pending appeal are DENIED as moot.
DISMISSED.
2 15-30010