United States of America v. Fabian Mondragon-Ayala, a.k.a. Fabian Ayala Mondragon

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FABIAN MONDRAGON-AYALA, a.k.a.
Fabian Ayala Mondragon,
Defendant - Appellant.
No. 14-50421
D.C. No. 5:14-cr-00013-VAP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
Fabian Mondragon-Ayala appeals from the district court’s judgment and
challenges his guilty-plea conviction and 46-month sentence for illegal reentry by
an alien following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders
FILED
OCT 19 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).

-- 1 of 2 --

v. California, 386 U.S. 738 (1967), Mondragon-Ayala’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 Mondragon-Ayala the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Mondragon-Ayala 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 Mondragon-Ayala’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.
14-50421 2

-- 2 of 2 --