United States of America v. Carlos Sergio Briseno, a.k.a. Guillermo Briseno, a.k.a. Juan Vincente Guerra, a.k.a.…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CARLOS SERGIO BRISENO, a.k.a.
Guillermo Briseno, a.k.a. Juan Vincente
Guerra, a.k.a. Juan Vicente Herrera,
Defendant-Appellant.
No. 15-50317
D.C. No.
8:11-cr-00133-JVS-8
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted August 31, 2016**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Carlos Sergio Briseno appeals the 188-month sentence imposed following
his guilty plea conviction for conspiracy to distribute heroin, in violation of 21
U.S.C. §§ 846, 841(a)(1), (b)(1)(B)(I). Pursuant to Anders v. California, 386 U.S.
FILED
SEP 02 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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738 (1967), Briseno’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
Briseno the opportunity to file a pro se supplemental brief. No pro se supplemental
brief or answering brief has been filed.
Briseno waived his right to appeal his sentence, although he retained the
right to appeal some conditions of supervised release. Our independent review of
the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no
arguable grounds for relief regarding the terms and conditions of supervised
release. We therefore affirm as to that issue. We dismiss the remainder of the
appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d
974, 986-88 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2

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