United States v. Mark Avery

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 23 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-35066

Plaintiff-Appellee, D.C. No. 3:07-cr-00028-RRB-1 v.

MARK J. AVERY, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Alaska Ralph R. Beistline, District Judge, Presiding

Argued and Submitted May 15, 2025 San Francisco, California

Before: N.R. SMITH and DE ALBA, Circuit Judges, and BENNETT,** District Judge.

Defendant-Appellant Mark J. Avery (“Avery”) appeals the District of

Alaska’s denial of his motions to vacate pursuant to 28 U.S.C. § 2255. “We review

de novo a district court’s denial of relief under 28 U.S.C. § 2255.” United States v.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Richard D. Bennett, United States Senior District Judge for the District of Maryland, sitting by designation. Swisher, 811 F.3d 299, 306 (9th Cir. 2016) (en…