United States of America v. JESUS ROSARIO FAVELA-ASTORGA, AKA Fabela Astorga, AKA Jesus Rosario Fabela Astorga,…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JESUS ROSARIO FAVELA-ASTORGA,
AKA Fabela Astorga, AKA Jesus Rosario
Fabela Astorga, AKA Jesus Rosario,
Defendant-Appellant.
No. 23-10014
D.C. No.
4:11-cr-00150-DCB-BGM-2
MEMORANDUM*
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).
FILED
NOV 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 23-10014
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.

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