United States v. Juan Burgos-Munguia

Good Law
588 F. App'x 629
United States Court of Appeals for the Ninth CircuitDecember 16, 201413-10600, 13-10601California283 words

Opinion

Opinion

MEMORANDUM

In these consolidated appeals, Juan de Dios Burgos-Munguia appeals from the district court judgments and challenges his guilty-plea conviction and 36-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326 , and his revocation of supervised release and four-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Bur-gos-Munguia’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal with respect to the revocation of supervised release or the conviction. We, therefore, affirm the revocation of Burgos-Munguia’s supervised release in Appeal No. 1310600, and his conviction in Appeal No. 13-10601.

The district court, in a consolidated sentencing proceeding, failed to address Bur-gos-Munguia personally to ask if he wanted to speak before sentencing. See Fed. R.Crim.P. 32(i)(4)(A)(ii), 32.1(b)(2)(E). Because the court could have…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.