FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 31, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. Nos. 18-2151 & 18-2156 (D.C. Nos. 2:18-CR-01047-LRR-1 and JUAN PABLO HERNANDEZ-ROMO, 2:18-CR-00613-LRR-1) (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, PHILLIPS, and EID, Circuit Judges.** _________________________________ Juan Pablo Hernandez-Romo, a Mexican national, pleaded guilty to illegal reentry, in violation of 8 U.S.C. § 1326(a) and (b), and was sentenced to 51 months’ imprisonment. Because of the reentry offense, he was also sentenced to 18 months’ imprisonment for violating the terms of his supervised release in a separate case. The district court ordered the sentences to run consecutively. Hernandez-Romo asked his counsel to appeal. But, finding no non-frivolous bases upon which to do so, his counsel * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. ** 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. has filed a brief under Anders v. California, 386 U.S. 738 (1967). Because we agree with counsel that the record presents no non-frivolous issues, we grant the motion to withdraw and dismiss the appeals. BACKGROUND On January 26, 2018, Hernandez-Romo was detained by Customs and Border Patrol agents near Animas, New Mexico, and admitted being a citizen of Mexico without legal authorization to be in the United States. Before this, Hernandez-Romo had been deported twelve times, between 2004 and 2017. In addition, he has been criminally convicted in federal court on six occasions.1 Relevant here, in December 2014 Hernandez-Romo was convicted in the District of Arizona of possession with intent to distribute marijuana and sentenced to 37 months’ imprisonment, followed by 36 months’ supervised release. Because Hernandez-Romo was still on supervised release in the Arizona case when he committed his 2018 reentry offense in New Mexico, the government filed a Petition to Revoke Supervised Release in the Arizona case. The District of Arizona transferred jurisdiction of the revocation petition to the District of New Mexico on April 19, 2018. 1 In 2005, Hernandez-Romo was convicted of entry without inspection and deported. In 2008, he was convicted of improper entry and sentenced to 55 days’ imprisonment. In 2010 he was convicted of possession with intent to distribute marijuana and sentenced to six months’ imprisonment. In 2012 he was convicted of reentry of a removed alien and sentenced to 18 months’ imprisonment, followed by deportation. In early 2014, he was convicted of illegal reentry and sentenced to 180 days’ custody, followed by deportation. And finally, in late 2014, Hernandez-Romo ...
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