United States v. Jose Martinez-Mendia , 633 F. App'x 486 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10078
Plaintiff - Appellee, D.C. No. 2:14-cr-01494-DGC
v.
MEMORANDUM*
JOSE JUAN MARTINEZ-MENDIA,
a.k.a. Jose Martinez, a.k.a. Jose Juan
Martinez, a.k.a. Juan Martinez, a.k.a. Jose
Reynaldo Medina-Martinez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Jose Juan Martinez-Mendia appeals from the district court’s judgment and
challenges his guilty-plea conviction and 37-month sentence for reentry of a
*
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).
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Martinez-Mendia’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-Mendia the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Martinez-Mendia 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 15-10078