USA V. DAVID SHUMILO, No. 13-50444 (9th Cir. 2014)

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FILED DEC 22 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50444 D.C. No. 2:09-cr-00939-GW-51 v. MEMORANDUM* DAVID SHUMILO, a.k.a. Russian Boy, Defendant - Appellant. Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding Submitted September 30, 2014** Before: HUG, FARRIS, and CANBY, Circuit Judges. David Shumilo appeals from the district court’s judgment and challenges his guilty-plea conviction and 131-month sentence for a racketeer influenced and corrupt organizations conspiracy, in violation of 18 U.S.C. § 1962(d), and possession of a firearm in furtherance of a crime of violence or drug trafficking * 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). crime, in violation of 18 U.S.C. § 924(c). Pursuant to Anders v. California, 386 U.S. 738 (1967), Shumilo’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 Shumilo the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Shumilo has waived his right to appeal his conviction and 131-month sentence. Because the record discloses no arguable issue as to the validity of the appeal waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). Counsel’s motion to withdraw is GRANTED. DISMISSED.

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