United States v. Alejandro Leon

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 18 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 21-30160 21-30161 Plaintiff-Appellee, D.C. Nos. 4:20-cr-06021-SAB-1 v. 4:20-cr-06029-SAB-4

ALEJANDRO LEON, MEMORANDUM* Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Stanley A. Bastian, District Judge, Presiding

Submitted February 15, 2022**

Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.

In these consolidated appeals, Alejandro Leon appeals from the district

court’s judgments and challenges his guilty-plea convictions and aggregate 160-

month sentence for being a felon in possession of a firearm and ammunition, in

violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and conspiracy to provide

* 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). prohibited objects to an inmate and being an inmate in possession of a prohibited

object, in violation of 18 U.S.C. §§ 371, 1791. Pursuant to Anders v. California,

386 U.S. 738 (1967), Leon’s counsel has filed a brief stating that there are no

grounds for relief, along with a motion to withdraw as counsel of record in these

consolidated appeals. We have provided Leon the opportunity to file a pro se

supplemental brief. No pro se supplemental brief or answering brief has been

filed.

Leon waived his right to appeal his convictions and sentence. Our

independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80

(1988), discloses no arguable issue as to the validity of the waiver with respect to

Appeal No. 21-30161. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.

2009). We accordingly dismiss this appeal. See id. at 988. However, we remand

Appeal No. 21-30160 for the district court to reduce to the statutory maximum of

three years the supervised release term imposed for the felon-in-possession

conviction. See 18 U.S.C. § 3583(b)(2); see also Watson, 582 F.3d at 977 (appeal

waiver does not bar challenge to an illegal sentence).

Counsel’s motion to withdraw is GRANTED.

Appeal No. 21-30161 DISMISSED; Appeal No. 21-30160 REMANDED

with instructions.

2 21-30160 & 21-30161