United States v. Lister

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 22 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-4538 D.C. No. 1:22-cr-02006-MKD-1 Plaintiff - Appellee, v. MEMORANDUM* ZEBULION IAN LISTER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, District Judge, Presiding Submitted August 19, 2025** Before: SILVERMAN, HURWITZ, and BADE, Circuit Judges. Zebulion Ian Lister appeals from the district court’s judgment and challenges his guilty-plea conviction and 30-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Lister’s counsel filed a brief under Anders v. California, 386 U.S. 738 * 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). (1967), stating that there are no non-frivolous arguments for appeal. Lister has not filed a pro se supplemental brief. In the plea agreement, Lister waived his right to appeal the conviction and sentence. Our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no non-frivolous issue as to whether the appeal waiver is enforceable. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We therefore dismiss the appeal. See id. at 988. Counsel’s motion to withdraw is granted. DISMISSED. 2 24-4538