United States of America v. Marvin Rigoberto Araujo- Vargas, a.k.a. Marvin R. Araujo, a.k.a. Wilson Armando…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARVIN RIGOBERTO ARAUJO-
VARGAS, a.k.a. Marvin R. Araujo, a.k.a.
Wilson Armando Murillo Garcia, a.k.a.
Wilson Murillo, a.k.a. Wilson Armando
Garcia Murillo, a.k.a. Marvin Rigoberto
Vargas,
Defendant - Appellant.
No. 14-50114
D.C. No. 2:13-cr-00462-DDP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. King, Chief Judge, Presiding
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Marvin Rigoberto Araujo-Vargas appeals from the district court’s judgment
FILED
JAN 28 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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and challenges his guilty-plea conviction and 63-month sentence for being an
illegal alien found in the United States following deportation, in violation of 8
U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Araujo-
Vargas’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 Araujo-Vargas
the opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Araujo-Vargas waived his right to appeal his conviction, with the exception
of an appeal based on a claim that his plea was involuntary. He also waived the
right to appeal his sentence, with the exception of the court’s calculation of his
criminal history category. Our independent review of the record pursuant to
Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as
to the voluntariness of Araujo-Vargas’s plea or the criminal history category
calculated by the court. We therefore affirm as to those issues. We dismiss the
remainder of the appeal in light of the valid appeal waiver. See United States v.
Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
14-50114 2

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