People v. Avila
| Decision Date | 17 July 1989 |
| Docket Number | No. 89SA180,89SA180 |
| Citation | 778 P.2d 657 |
| Parties | The PEOPLE of the State of Colorado, Complainant, v. Nick AVILA, Jr., Respondent. |
| Court | Colorado Supreme Court |
Linda Donnelly, Disciplinary Counsel, and George S. Meyer, Chief Deputy Disciplinary Counsel, Denver, for complainant.
Nick Avila, Jr., Safford, Ariz., pro se respondent.
The Supreme Court Grievance Committee has recommended the disbarment of Nick Avila, Jr. because he was convicted of four drug-related felonies in the United States District Court for the District of Colorado. The Committee also recommends that the costs of the proceeding be assessed against Avila. We accept the recommendations.
Avila was admitted to practice law in Colorado in 1977 and is subject to the disciplinary jurisdiction of this court and its Grievance Committee. By order dated July 1, 1986, we suspended Avila's license to practice law. On January 28, 1988, Avila was convicted in federal district court of one count of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 (1982) and three counts of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) (1982). Avila was sentenced to a concurrent ten year prison sentence on each count and he was also fined $10,000.00. He presently is incarcerated in a federal prison.
According to the indictment which led to his convictions, Avila was involved in the importation of cocaine from Florida to Colorado. In three transactions occurring in April through August 1987, Avila received more than three kilograms of cocaine.
The Grievance Committee found that Avila violated C.R.C.P. 241.6(1) (), C.R.C.P. 241.6(3) (), C.R.C.P. 241.6(5) (), DR 1-102(A)(1) (), and DR 1-102(A)(3) (). Avila has filed no exceptions to the Grievance Committee's findings and recommendations.
We agree with the Grievance Committee that disbarment is the appropriate sanction. See Standard 5.11(a), ABA Standards for Imposing Lawyer Sanctions (1986) (disbarment is generally appropriate when lawyer engages in sale, distribution or importation of controlled substances). See also People v. Young, 732 P.2d 1208, 1210 (Colo.1987) (...
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Avila v. People, 02PDJ005.
...On July 17, 1989, by Order of the Supreme Court, Avila was disbarred from the practice of law in the State of Colorado. People v. Avila, 778 P.2d 657, 657 (1989). Over eight years have passed since the effective date of Avila's disbarment. See Avila served eight years of imprisonment. While......
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Avila v. U.S.
...No. 88-1427 (10th Cir.1989). In July 1989, the Colorado Supreme Court disbarred Avila as a result of his convictions. People v. Avila, 778 P.2d 657 (Colo.1989). Avila completed his period of imprisonment and, on December 18, 1997, filed a petition for writ of error coram nobis, asking the d......
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People v. Tyler
...ten pounds of marihuana in order to sell or distribute it and possessing firearm while on probation warrants disbarment); People v. Avila, 778 P.2d 657, 657 (Colo.1989) (convictions for conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine ......
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Opinions
...On July 17, 1989, by Order of the Supreme Court, Avila was disbarred from the practice of law in the State of Colorado. People v. Avila, 778 P.2d 657, 657 (1989). Over eight years have passed the effective date of Avila's disbarment. See 251.29(a). Avila served eight years of imprisonment. ......