USA V. SERGIO MONTOYA, No. 12-10662 (9th Cir. 2013)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 06 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 12-10662 12-10663 Plaintiff - Appellee, D.C. Nos. 4:12-cr-01405-CKJ 4:12-cr-50164-CKJ v. SERGIO DELGADO MONTOYA, a.k.a. Fernando Escobar, a.k.a. Fernando Escobar-Jimenez, MEMORANDUM* Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Mark W. Bennett, District Judge, Presiding** Submitted November 19, 2013*** Before: CANBY, TROTT, and THOMAS, Circuit Judges. In these consolidated appeals, Sergio Delgado Montoya appeals his guilty- * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). plea conviction and 30-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326; and the revocation of supervised release and consecutive 24month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Delgado Montoya s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Delgado Montoya the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Delgado Montoya has waived his right to appeal his conviction and sentence, and his right to appeal the revocation of supervised release and the sentence imposed upon revocation. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable issue as to the validity of the waivers. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss these appeals. See id. at 988. Counsel s motion to withdraw is GRANTED. DISMISSED. 2 12-10662 & 12-10663

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.