U.S. Court of Appeals for the Ninth Circuit, 2018

United States v. Michel Fong-Leyva

United States v. Michel Fong-Leyva
U.S. Court of Appeals for the Ninth Circuit · Decided July 12, 2018

United States v. Michel Fong-Leyva

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 12 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 17-10336 17-10337 Plaintiff-Appellee, D.C. Nos. 2:17-cr-00666-SPL v. 2:14-cr-01656-SPL MICHEL EDMUNDO FONG-LEYVA, a.k.a. Michel Edmund Fong Leyva, a.k.a. MEMORANDUM* Michel Edmundo Fong Leyva, Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Steven P. Logan, District Judge, Presiding Submitted July 10, 2018** Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.

In these consolidated appeals, Michel Edmundo Fong-Leyva appeals 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

* 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). consecutive 21-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Fong-Leyva’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 Fong-Leyva the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Fong-Leyva waived his right to appeal his conviction, the revocation of supervised release, and his sentences. 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 waiver. 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 17-10336 & 17-10337

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