United States v. Noe Martinez-Laborin , 677 F. App'x 401 ( 2017 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                               FEB 21 2017
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                        U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No.   16-10183
    Plaintiff-Appellee,                D.C. No. 4:15-cr-02134-CKJ
    v.
    MEMORANDUM*
    NOE RAUL MARTINEZ-LABORIN,
    a.k.a. Raul Martinez-Laborin, a.k.a. Raul
    Noe Martinez-Laborin,
    Defendant-Appellant.
    Appeal from the United States District Court
    for the District of Arizona
    Cindy K. Jorgenson, District Judge, Presiding
    Submitted February 14, 2017**
    Before:      GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
    Noe Raul Martinez-Laborin appeals from the district court’s judgment and
    challenges his guilty-plea conviction and 37-month sentence for reentry of a
    removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    
    386 U.S. 738
    (1967), Martinez-Laborin’s counsel has filed a brief stating that there
    are no grounds for relief, along with a motion to withdraw as counsel of record.
    Martinez-Laborin has filed a pro se supplemental brief. No answering brief has
    been filed.
    Martinez-Laborin waived his right to appeal his conviction and sentence.
    Our independent review of the record pursuant to Penson v. Ohio, 
    488 U.S. 75
    , 80
    (1988), discloses no arguable issue as to the validity of the waiver. See United
    States v. Watson, 
    582 F.3d 974
    , 986-88 (9th Cir. 2009). We accordingly dismiss
    the appeal. See 
    id. at 988.
    Counsel’s motion to withdraw is GRANTED.
    DISMISSED.
    2                                   16-10183
    

Document Info

Docket Number: 16-10183

Citation Numbers: 677 F. App'x 401

Filed Date: 2/21/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023