United States v. Santiago Yanez-Martinez ( 2011 )

FILED
NOT FOR PUBLICATION DEC 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10497
No. 09-10498
Plaintiff - Appellee,
D.C. No. 4:09-cr-50058-JMR
v. D.C. No. 4:09-cr-00400-JMR
SANTIAGO YANEZ-MARTINEZ, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
John M. Roll, Chief Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
In these consolidated appeals, Santiago Yanez-Martinez appeals from his
guilty-plea conviction and 51-month sentence for reentry after deportation, in
violation of 8 U.S.C. § 1326, and from the revocation of his supervised release and
the 9-month sentence imposed upon revocation. Pursuant to Anders v. California,
*
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).
386 U.S. 738 (1967), Yanez-Martinez’s counsel has filed a brief stating there are
no grounds for relief, along with a motion to withdraw as counsel of record. We
have provided the appellant with the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
With respect to both cases, we dismiss the appeals in light of the valid
appeal waivers. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED, and the appeals are
DISMISSED.
2 09-10497