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United States v. Yaxon-Sicajau

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 1, 2013
535 F. App'x 600 (9th Cir. 2013)

Opinion

No. 11-50362 D.C. No. 2:10-cr-01004-DSF

08-01-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PABLO CESAR YAXON-SICAJAU, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Central District of California

Dale S. Fischer, District Judge, Presiding

Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.

Pablo Cesar Yaxon-Sicajau appeals from the district court's judgment and challenges his guilty-plea conviction and 48-month sentence for conspiracy to conceal and harbor illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I). Pursuant to Anders v. California, 386 U.S. 738 (1967), Yaxon-Sicajau'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 Yaxon-Sicajau the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Yaxon-Sicajau waived the right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal most aspects of his sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to Yaxon-Sicajau's plea or any aspects of the sentence not covered by the appeal waiver. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).

Counsel's motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part.


Summaries of

United States v. Yaxon-Sicajau

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 1, 2013
535 F. App'x 600 (9th Cir. 2013)
Case details for

United States v. Yaxon-Sicajau

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PABLO CESAR…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 1, 2013

Citations

535 F. App'x 600 (9th Cir. 2013)