United States of America v. Pablo Cesar Yaxon-Sicajau

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PABLO CESAR YAXON-SICAJAU,
Defendant - Appellant.
No. 11-50362
D.C. No. 2:10-cr-01004-DSF
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Pablo Cesar Yaxon-Sicajau appeals from the district court’s judgment and
challenges his guilty-plea conviction and 48-month sentence for conspiracy to
conceal and harbor illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Yaxon-Sicajau’s counsel
FILED
AUG 01 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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 Yaxon-Sicajau the opportunity
to file a pro se supplemental brief. No pro se supplemental brief or answering brief
has been filed.
Yaxon-Sicajau waived the 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 most aspects of his sentence. 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 Yaxon-Sicajau’s plea or any aspects of the sentence not covered by
the appeal waiver. 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.

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