United States v. Alejandro Leon ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 18 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 21-30160
21-30161
Plaintiff-Appellee,
D.C. Nos. 4:20-cr-06021-SAB-1
v. 4:20-cr-06029-SAB-4
ALEJANDRO LEON,
MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Stanley A. Bastian, District Judge, Presiding
Submitted February 15, 2022**
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
In these consolidated appeals, Alejandro Leon appeals from the district
court’s judgments and challenges his guilty-plea convictions and aggregate 160-
month sentence for being a felon in possession of a firearm and ammunition, in
violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and conspiracy to provide
*
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).
prohibited objects to an inmate and being an inmate in possession of a prohibited
object, in violation of 18 U.S.C. §§ 371, 1791. Pursuant to Anders v. California,
386 U.S. 738 (1967), Leon’s counsel has filed a brief stating that there are no
grounds for relief, along with a motion to withdraw as counsel of record in these
consolidated appeals. We have provided Leon the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Leon waived his right to appeal his convictions 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 with respect to
Appeal No. 21-30161. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.
2009). We accordingly dismiss this appeal. See id. at 988. However, we remand
Appeal No. 21-30160 for the district court to reduce to the statutory maximum of
three years the supervised release term imposed for the felon-in-possession
conviction. See 18 U.S.C. § 3583(b)(2); see also Watson, 582 F.3d at 977 (appeal
waiver does not bar challenge to an illegal sentence).
Counsel’s motion to withdraw is GRANTED.
Appeal No. 21-30161 DISMISSED; Appeal No. 21-30160 REMANDED
with instructions.
2 21-30160 & 21-30161