United States of America v. Miguel Aleman-Garcia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MIGUEL ALEMAN-GARCIA,
Defendant-Appellant.
No. 18-10332
D.C. No.
4:15-cr-01691-JGZ-LAB-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
Miguel Aleman-Garcia appeals from the district court’s judgment and
challenges his guilty-plea conviction and 46-month sentence for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Aleman-Garcia’s counsel has filed a brief stating that there
* 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
APR 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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are no grounds for relief, along with a motion to withdraw as counsel of record.
We have provided Aleman-Garcia the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Aleman-Garcia 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 except as to standard conditions five, six, and fifteen, which are
unconstitutionally vague. See United States v. Evans, 883 F.3d 1154, 1162-64 (9th
Cir.), cert. denied, 139 S. Ct. 133 (2018); see also Watson, 582 F.3d at 977 (an
appeal waiver does not bar a constitutional challenge to a supervised release
condition). We remand to the district court to modify these conditions consistent
with Evans.
Counsel’s motion to withdraw is GRANTED.
DISMISSED; REMANDED with instructions.

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