Opinion
21-10140
03-23-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. FRANCISCO C. ARIAS, Defendant-Appellant.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court No. 1:14-cr-00009-FMTG-1 for the District of Guam Frances Tydingco-Gatewood, District Judge, Presiding
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Francisco C. Arias appeals from the district court's judgment and challenges the 168-month sentence imposed on remand following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii), and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Arias'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 Arias 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 on direct appeal except as to the five-year terms of supervised release imposed on Counts 3 and 6, which exceed the statutory maximum of three years. See 18 U.S.C. § 3583(b)(2). We vacate that portion of the judgment and remand for the district court to impose up to a three-year term of supervised release on Counts 3 and 6.
Counsel's motion to withdraw is GRANTED.
AFFIRMED in part; VACATED in part; REMANDED with instructions.