United States v. Andrea Avery

MEMORANDUM

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 making a false statement to a bank, in violation of 18 U.S.C. § 1014 . Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (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…