USA V. JOSE CARRILLO, No. 12-50528 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 30 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 12-50528 13-50029 Plaintiff - Appellee, D.C. Nos. 2:08-cr-01290-MMM 2:12-cr-00328-MMM v. JOSE CARRILLO, MEMORANDUM* Defendant - Appellant. Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding Submitted December 17, 2013** Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. In these consolidated appeals, Jose Carrillo appeals from his guilty-plea conviction and 70-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326; and the revocation of supervised release and the sentence of seven months and 14 days imposed upon * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Carrillo 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 Carrillo the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Carrillo waived his right to appeal his conviction with the exception of an appeal based a claim that his plea was involuntary. He also waived the right to appeal his sentences with the exception of the court s calculation of his criminal history category. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to Carrillo s plea, the revocation of supervised release, or the criminal history category calculated by the court. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waivers. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009). Counsel s motion to withdraw is GRANTED. AFFIRMED in part; DISMISSED in part. 2 12-50528 & 13-50029

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