United States v. Wilsonis Ayala-Villanueva

FILED
NOT FOR PUBLICATION MAY 18 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10061
Plaintiff - Appellee, D.C. No. 1:07-cr-00268-JMS
v.
MEMORANDUM*
WILSONIS AYALA-VILLANUEVA,
a.k.a. Juan Carlos Chavez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, District Judge, Presiding
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Wilsonis Ayala-Villanueva appeals from the district court’s amended
judgment removing one of his supervised release conditions. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Ayala-Villanueva’s counsel has filed a brief
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. Ayala-Villanueva has filed a pro se supplemental opening brief.
No 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. Ayala-
Villanueva’s pro se challenges to his conviction and sentence are waived. See
United States v. Gianelli, 543 F.3d 1178, 1184 (9th Cir. 2008). Any motion
respecting the applicability of Amendment 782 to the Guidelines should be brought
in the sentencing court in the first instance. See 18 U.S.C. § 3582(c)(2).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 14-10061