United States v. Marvin Funez-Gonzalez

FILED
NOT FOR PUBLICATION APR 10 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 14-10180
14-10181
Plaintiff - Appellee,
D.C. Nos. 4:10-cr-02582-CKJ
v. 4:13-cr-00697-CKJ
MARVIN ROLANDO FUNEZ- MEMORANDUM*
GONZALEZ, a.k.a. Marvin Rolando
Funes-Gonzalez, a.k.a. Marvin Rolando
Gonzalez, a.k.a. Marvin Funes-Gonzales,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Linda R. Reade, District Judge, Presiding**
Submitted April 7, 2015***
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
In these consolidated appeals, Marvin Rolando Funez-Gonzalez appeals his
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Linda R. Reade, Chief Judge of the United States
District Court for the Northern District of Iowa, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
guilty-plea conviction and 46-month sentence for reentry after deportation, in
violation of 8 U.S.C. § 1326, and the revocation of supervised release and
consecutive eight-month sentence imposed upon revocation. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Funez-Gonzalez’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 Funez-Gonzalez the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Funez-Gonzalez waived the right to appeal his conviction, the revocation of
supervised release, and his sentences. 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 waivers. See United States v. Watson, 582 F.3d 974, 986-88
(9th Cir. 2009). We accordingly dismiss these appeals. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 14-10180 & 14-10181