United States v. Fredy Hernandez-Maldonado

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 18 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-10158 Plaintiff-Appellee, D.C. No. 4:14-cr-01240-CKJ v. MEMORANDUM* FREDY YOVANI HERNANDEZ- MALDONADO, a.k.a. Fredy Guanny Hernandez, a.k.a. Fredy Y. Hernandez, a.k.a. Fredy Yovani Hernandez, a.k.a. Fredy Yovani Hernandez-Maldonado, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Fredy Yovani Hernandez-Maldonado appeals from the district court’s judgment and challenges the 25-month sentence imposed on remand following his * 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). guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Hernandez- Maldonado’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 Hernandez-Maldonado 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. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 16-10158