United States of America v. Jose Gonzalez Arias, a.k.a. Cesar Castro Favela

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSE GONZALEZ ARIAS, a.k.a. Cesar
Castro Favela,
Defendant-Appellant.
No. 16-10021
D.C. No. 2:08-cr-00562-WBS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Jose Gonzalez Arias appeals from the district court’s amended judgment and
challenges the 120-month concurrent sentences imposed on remand following his
jury-trial convictions for conspiracy to distribute and possess with intent to
distribute narcotics, and unlawful use of a communication facility, in violation of
* 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).
FILED
APR 18 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-10021
21 U.S.C. §§ 841(a)(1), 843(b), and 846, and guilty-plea conviction for being a
deported alien found in the United States, in violation of 8 U.S.C. § 1326.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Arias’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 Arias 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.

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