USA V. JUAN MURILLO-MACIAS, No. 18-10380 (9th Cir. 2019)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 23 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, U.S. COURT OF APPEALS Nos. 18-10380 18-10381 Plaintiff-Appellee, D.C. Nos. 4:17-cr-01703-RM-DTF 4:14-cr-00256-RM-DTF v. JUAN HERIBERTO MURILLO-MACIAS, AKA Juan Heriberto Murillo Macias, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Rosemary Márquez, District Judge, Presiding Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. In these consolidated appeals, Juan Heriberto Murillo-Macias appeals from his guilty-plea conviction and 30-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326, and the revocation of supervised release and consecutive 9-month sentence imposed upon revocation. Pursuant to Anders v. * 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). California, 386 U.S. 738 (1967), Murillo-Macias’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 Murillo-Macias the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Murillo-Macias waived his right to appeal his reentry conviction and 30month sentence. Because the record discloses no arguable issue as to the validity of the waiver, we dismiss appeal no. 18-10380. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief with respect to the revocation of supervised release or the sentence imposed upon revocation. We therefore affirm the judgment in appeal no. 18-10381. Appellee’s motion for leave to file its late letter is GRANTED. Counsel’s motion to withdraw is GRANTED. Appeal No. 18-10380 DISMISSED; Appeal No. 18-10381 AFFIRMED. 2 18-10380 & 18-10381
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