May 13, 2026·2:23-cr-00243-TLN-1·Unpublished·By James Taylor
The Ninth Circuit affirmed a district court judgment revoking supervised release and imposing a twenty-four-month sentence. The panel granted counsel's motion to withdraw after an independent review found no non-frivolous arguments for appeal.
Background
David Maglio appealed from a district court judgment revoking his supervised release and imposing a twenty-four-month sentence. Maglio’s counsel filed a brief under Anders v. California stating that there are no non-frivolous arguments for appeal. Maglio did not file a pro se supplemental brief.
The court’s reasoning
The panel conducted an independent review of the record pursuant to Penson v. Ohio. The review disclosed no non-frivolous arguments to be made on direct appeal. The panel concluded the case was suitable for decision without oral argument.
What it means going forward
The affirmation stands as the final judgment on the supervised release revocation and sentence. The case is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule thirty-six-three.
