Evans

United States v. Evans

Good Law
37 F. App'x 877
United States Court of Appeals for the Ninth CircuitJune 14, 2002No. 99-10221; D.C. No. CR-97-00170-ARMCalifornia239 words

Opinion

Lead Opinion

MEMORANDUM ***

Melvan D. Evans appeals his conviction pursuant to guilty plea and his 121-month sentence for importation of crystal methamphetamine, a.k.a. “ice,” in violation of 21 U.S.C. §§ 952 and 960.

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Evans’ counsel has filed a brief stating that there are no meritorious issues for review, and a motion to withdraw as counsel of record. Evans has not filed a supplemental pro se brief.

Counsel has identified, and properly rejected, one potential issue for review on direct appeal: the district court’s imposition of a sentence enhancement for obstruction of justice. The district court did not err in applying the enhancement to Evans, who absconded from supervision and as a result failed to appear at a hearing on his alleged violations of supervised release. See United States v. Draper, 996 F.2d 982, 986 (9th Cir.1993) (affirming obstruction enhancement for defendant who absconded after having agreed to terms of pretrial release).

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988) discloses no issues for review. Counsel’s…

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