United States v. Humberto Gostelos-Fuentes , 617 F. App'x 711 ( 2015 )

FILED
NOT FOR PUBLICATION JUN 19 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10332
Plaintiff - Appellee, D.C. No. 3:13-cr-00076-RCJ-
VPC-1
v.
HUMBERTO GOSTELOS-FUENTES, MEMORANDUM*
a.k.a. Roberto Flores-Millan,
Defendant - Appellant.
UNITED STATES OF AMERICA, No. 14-10333
Plaintiff - Appellee, D.C. No. 3:13-cr-00078-RCJ-
WGC-1
v.
HUMBERTO GOSTELOS-FUENTES,
a.k.a. Beto, a.k.a. Roberto Flores-Millan,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Submitted March 17, 2015**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Humberto Gostelos-Fuentes appeals from the district court’s judgments and
challenges his guilty-plea convictions and concurrent 135-month sentences for
unlawful reentry by a deported, removed, or excluded alien, in violation of 8
U.S.C. § 1326, and conspiracy to distribute and possess with intent to distribute
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(viii) and 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Gostelo-Fuentes’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 Gostelo-Fuentes the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Gostelo-Fuentes has waived his right to appeal his convictions and his 135-
month sentences. Because the record discloses no arguable issue as to the validity
of the appeal waivers, we dismiss the appeals. See United States v. Watson, 582
F.3d 974, 986-88 (9th Cir. 2009).
Counsel’s motion to withdraw as counsel is GRANTED.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2
DISMISSED.
3