United States v. Jose Plaza, Jr.

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 10 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT No. 23-10009 UNITED STATES OF AMERICA, D.C. No. 4:21-cr-03296-SHR-EJM-1 Plaintiff-Appellee, v. MEMORANDUM* JOSE LUIS PLAZA, Jr., Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Scott H. Rash, District Judge, Presiding Submitted June 26, 2023** Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges. Jose Luis Plaza, Jr. appeals from the district court’s judgment and challenges his guilty-plea conviction and 60-month sentence for smuggling goods from the United States, in violation of 18 U.S.C. § 554(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Plaza’s counsel has filed a brief stating that there are no * 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). grounds for relief, along with a motion to withdraw as counsel of record. We have provided Plaza the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal as to Plaza’s conviction, 60-month custodial sentence, and 3-year term of supervised release. Concerning the conditions of Plaza’s supervised release, we find no arguable issues except as to special conditions 1 and 4, which involve an unconstitutional delegation of authority under United States v. Nishida, 53 F.4th 1144, 1151-55 (9th Cir. 2022). We accordingly vacate those conditions and remand for the district court to modify them in a manner consistent with Nishida. As to all other issues, we affirm. Counsel’s motion to withdraw is GRANTED. AFFIRMED in part; VACATED in part; and REMANDED with instructions. 2 23-10009