United States v. Rudy Martinez , 585 F. App'x 709 ( 2014 )

FILED
NOT FOR PUBLICATION NOV 26 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10675
Plaintiff - Appellee, D.C. No. 5:12-cr-00769-EJD
v.
MEMORANDUM*
RUDY MARTINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Edward J. Davila, District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Rudy Martinez appeals from the district court’s judgment and challenges his
guilty-plea conviction and 140-month sentence for possession with intent to
distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and
(b)(1)(B)(viii); and possession with intent to distribute heroin, in violation of 21
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 841(a)(1) and (b)(1)(B)(i). 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 has 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 13-10675