United States v. Leonel Villasenor

U.S. Court of Appeals for the Ninth Circuit

United States v. Leonel Villasenor

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 22 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-10020

Plaintiff-Appellee, D.C. No. 4:03-cr-00717-DCB-JR-1

v. MEMORANDUM* LEONEL ERNESTO VILLASENOR,

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding

Submitted August 15, 2023**

Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.

Leonel Ernesto Villasenor appeals from the district court’s order denying his

motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). Pursuant to

Anders v. California, 386 U.S. 738 (1967), Villasenor’s counsel has filed a brief

stating that there are no grounds for relief, along with a motion to withdraw as

* 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). counsel of record. We have provided Villasenor the opportunity to file a pro se

supplemental brief. No pro se supplemental brief or answering brief has been

filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief. See United States v. Aruda,

993 F.3d 797, 799 (9th Cir. 2021) (setting forth abuse of discretion standard for

sentence reduction decisions under § 3582(c)(1)).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 23-10020

Reference

Status
Unpublished