United States v. Jesus Favela-Astorga

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-10014 Plaintiff-Appellee, D.C. No. 4:11-cr-00150-DCB-BGM-2 v. JESUS ROSARIO FAVELA-ASTORGA, MEMORANDUM* AKA Fabela Astorga, AKA Jesus Rosario Fabela Astorga, AKA Jesus Rosario, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted November 14, 2023** Before: SILVERMAN, WARDLAW, and TALLMAN, Circuit Judges. Jesus Rosario Favela-Astorga appeals from the district court’s judgment and challenges his guilty-plea conviction and 600-month sentence for second degree murder, in violation of 18 U.S.C. §§ 1111 and 1114. Pursuant to Anders v. * 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). California, 386 U.S. 738 (1967), Favela-Astorga’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 Favela-Astorga the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Favela-Astorga waived his right to appeal his conviction 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. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at 988. Counsel’s motion to withdraw is GRANTED. Favela-Astorga’s pro se motion to appoint new counsel is DENIED. DISMISSED. 2 23-10014