United States v. Michelle Estevez

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-15775

Plaintiff-Appellee, D.C. No. 1:15-cr-00294-LEK-2

v. MEMORANDUM* MICHELLE ESTEVEZ, AKA Tammie Lynn Kalua,

Defendant-Appellant.

Appeal from the United States District Court for the District of Hawaii Leslie E. Kobayashi, District Judge, Presiding

Submitted March 14, 2023** Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.

Michelle Estevez appeals from the district court’s order denying her 28 U.S.C. § 2255 motion to vacate her sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Estevez’s counsel has filed a brief stating that there are no

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

grounds for relief, along with a motion to withdraw as counsel of record. Estevez has filed a pro se supplemental brief. No answering brief has been filed.

Our independent review of the briefing and record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses that the certified issue provides no basis for appellate relief. See Graves v. McEwen, 731 F.3d 876, 880-81 (9th Cir. 2013). Contrary to Estevez’s pro se contention, the record demonstrates that her parole on her 1988 state burglary convictions was revoked in August 2002, after she signed a waiver of extradition, and a custodial sentence was imposed as a result of the revocation.

We treat Estevez’s argument that the district court erred at sentencing as a motion to expand the certificate of appealability. So treated, the motion is denied. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).

Counsel’s motion to withdraw is GRANTED. Appellee’s motion for an extension of time to file an answering brief is denied as moot.

AFFIRMED.

Footnotes

[2] 21-15775