United States v. Leonel Villasenor ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 23-10020
Plaintiff-Appellee, D.C. No. 4:03-cr-00717-DCB-JR-1
v.
MEMORANDUM*
LEONEL ERNESTO VILLASENOR,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted August 15, 2023**
Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.
Leonel Ernesto Villasenor appeals from the district court’s order denying his
motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Villasenor’s counsel has filed a brief
stating that there are no grounds for relief, along with a motion to withdraw as
*
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).
counsel of record. We have provided Villasenor 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. See United States v. Aruda,
993 F.3d 797, 799 (9th Cir. 2021) (setting forth abuse of discretion standard for
sentence reduction decisions under § 3582(c)(1)).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 23-10020