United States v. Sergio Montoya

U.S. Court of Appeals for the Ninth Circuit
United States v. Sergio Montoya, 548 F. App'x 429 (9th Cir. 2013)

United States v. Sergio Montoya

Opinion

MEMORANDUM ***

In these consolidated appeals, Sergio Delgado Montoya appeals his guilty-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 24-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Sergio Delgado MONTOYA, A.K.A. Fernando Escobar, A.K.A. Fernando Escobar-Jimenez, Defendant-Appellant
Status
Unpublished