United States v. Luis Garcia De Jesus ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-10383
Plaintiff-Appellee, D.C. No. 2:18-cr-01446-SMB-3
v.
MEMORANDUM*
LUIS ALBERTO GARCIA DE JESUS,
AKA Luis Garcia De Jesus, AKA Jose Luis
Garcia Tolentino,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Susan M. Brnovich, District Judge, Presiding
Submitted June 2, 2020**
Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.
Luis Alberto Garcia De Jesus appeals from the district court’s judgment and
challenges the 36-month sentence imposed following his guilty-plea conviction for
conspiracy to harbor illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii) 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).
(a)(1)(A)(v)(I). Pursuant to Anders v. California, 386 U.S. 738 (1967), De Jesus’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 De Jesus the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
De Jesus waived his right to appeal his 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 the appeal. See id. at
988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 19-10383