UNITED STATES v. GARZA GONZALEZ (2018)

Hector Felix Garza-Gonzalez appeals the denial of his pro se motion for cancellation of supervised release. We have previously affirmed his conviction and sentence for illegal reentry. He abandons, by lack of briefing, his claim that he was “exempt from supervised release” because he is a deportable alien. The claim was frivolous in any event. See United States v. Dominguez-Alvarado, 695 F.3d 324, 329 (5th Cir. 2012).

We need not consider his claims that he involuntarily signed a plea agreement and that his sentence is invalid under Johnson v. United States, ––– U.S. ––––, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), because he raises these claims for the first time on appeal. We note nonetheless that the claims are without any jurisdictional or factual basis. See United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994). Because Garza-Gonzalez’s appeal has no arguable basis in law or fact, it is DISMISSED AS FRIVOLOUS. See United States v. Dunham, 995 F.2d 45, 46 (5th Cir. 1993); 5th Cir. R. 42.2.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.