United States v. Atlantica Tanuvasa

MEMORANDUM

Atlántica Kahaunani Tanuvasa appeals from the district court’s judgment and challenges her guilty-plea conviction and 55-month sentence for one count of conspiracy to commit wire fraud and make false statements on loan applications, in violation of 18 U.S.C. § 371 ; and two counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Tanuvasa s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Tanuvasa 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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

We decline to review Tanuvasa’s 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.”…