Opinion
21-10274 21-10275
08-23-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ISAI CURIEL-PERALES, AKA Isaia Curiel-Perales, AKA Isai Leivas Alvarez, AKA Victor Soto-Soto, 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NOT FOR PUBLICATION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 Nos. 2:17-cr-00434-GMS-1 2:21-cr-00362-GMS-1 for the District of Arizona G. Murray Snow, District Judge, Presiding
Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.
MEMORANDUM
In these consolidated appeals, Isai Curiel-Perales appeals from his guilty-plea conviction and 41-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326, and the revocation of his supervised release and consecutive 12-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Curiel-Perales'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 Curiel-Perales the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
In Appeal No. 21-10275, Curiel-Perales waived his right to appeal his conviction and sentence. 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 this appeal. See id. at 988.
In Appeal No. 21-10274, our independent review of the record under Penson discloses no arguable grounds for relief on direct appeal as to the revocation of supervised release or the disposition. We accordingly affirm this appeal.
Counsel's motion to withdraw is GRANTED.
APPEAL NO. 21-10274 AFFIRMED.
APPEAL NO. 21-10275 DISMISSED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).