FILED
NOT FOR PUBLICATION JUN 30 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 13-10417
13-10418
Plaintiff - Appellee,
D.C. Nos. 4:11-cr-03678-RCC
v. 4:11-cr-50275-RCC
JOVANNI AGUIRRE-RIVAS,
MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
In these consolidated appeals, Jovanni Aguirre-Rivas appeals from the
district court’s judgment and challenges his guilty-plea conviction and 24-month
sentence for reentry after deportation, in violation of 8 U.S.C. § 1326, and his
*
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).
revocation of supervised release and 4-month consecutive sentence imposed
thereupon. Pursuant to Anders v. California, 386 U.S. 738 (1967), Aguirre-Rivas’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 Aguirre-Rivas the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Aguirre-Rivas has waived his right to appeal his conviction and sentence.
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 waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We, accordingly, dismiss
the appeal in case number 13-10417. See id. at 988. Because Aguirre-Rivas has
fully served the sentence imposed upon revocation of supervised release, we
dismiss the appeal in case number 13-10418 as moot. See Spencer v. Kemna, 523
U.S. 1, 12-14 (1998).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 13-10417 & 13-10418