United States v. Parra-Lopez


FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS April 1, 2020 Christopher M. Wolpert TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 19-5093 (D.C. No. 4:19-CR-00064-GKF-1) JOSE JESUS PARRA-LOPEZ, a/k/a (N.D. Okla.) Arturo Arceo Parra, a/k/a Jose Jesus Parra Lopez, a/k/a Jose Jesus Parra, a/k/a Jose Jesus Pavra, a/k/a Jesus Parra, a/k/a Jesus Parra-Lopez, Defendant - Appellant. ORDER AND JUDGMENT * Before PHILLIPS, MURPHY, and McHUGH, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. * This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Jose Jesus Parra-Lopez pleaded guilty to one count of unlawful reentry of a removed alien, in violation of 8 U.S.C. § 1326(a) and (b)(1). The district court sentenced Parra-Lopez to a sixty-three month term of imprisonment. Upon Parra- Lopez’s request, counsel filed a notice of appeal. Counsel has, however, filed in this court a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting she could find no meritorious basis for appeal and moving to withdraw as counsel. For those reasons set out below, this court grants counsel’s motion to withdraw and dismisses this appeal. Parra-Lopez was charged by indictment in the United States District Court for the Northern District of Oklahoma with unlawful reentry. 8 U.S.C. § 1326. 1 Aided by an interpreter, he waived his trial rights and entered an unconditional 1 Parra-Lopez is a citizen and national of Mexico with a lengthy history of immigration violations. He illegally entered the United States in 1994 and was granted voluntary removal in 1997. He reentered the United States in 1998 and was ordered removed in 2002. Parra-Lopez continued to illegally return to the United States and was removed in both March and May of 2006. In November 2006, he was convicted of Felony Fleeing to Elude in Florida and was sentenced to forty-two months’ imprisonment. Upon release from prison, he was removed in 2009. Parra-Lopez reentered the United States in October 2010 without permission; he was removed in August 2013, after being convicted of being an Alien in the United States After Deportation. He illegally reentered the United States in June 2014; he was removed in July 2016 after being convicted of illegal reentry. Parra-Lopez again returned in August 2018. On January 29, 2019, he was arrested in Tulsa, Oklahoma, for Driving Under the Influence of Alcohol; he was convicted of a misdemeanor. -2- guilty plea to the illegal-reentry charge. 2 A United States Probation Officer prepared a Presentence Investigation Report (“PSR”) utilizing the 2018 version of the United States Sentencing ...

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