United States v. Rafael Martinez ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 18-10102
Plaintiff-Appellee, D.C. No. 2:15-cr-00140-MCE-1
v.
MEMORANDUM*
RAFAEL PAHUA MARTINEZ, a.k.a.
Miguel Pahua Martinez, a.k.a. Enrique
Pahua Montano,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
Rafael Pahua Martinez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 252-month sentence for conspiracy to
distribute and to possess with intent to distribute methamphetamine, in violation of
*
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).
21 U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738
(1967), Martinez’s counsel has filed a brief stating that there are no grounds for
relief, along with a motion to withdraw as counsel of record. We have provided
Martinez the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Martinez 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 18-10102