United States v. Francisco Arias ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 23 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-10140
Plaintiff-Appellee, D.C. No. 1:14-cr-00009-FMTG-1
v.
MEMORANDUM*
FRANCISCO C. ARIAS,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Guam
Frances Tydingco-Gatewood, District Judge, Presiding
Submitted March 16, 2022**
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
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.
*
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).
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.
2 21-10140