Opinion
No. 18-10102
01-18-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RAFAEL PAHUA MARTINEZ, a.k.a. Miguel Pahua Martinez, a.k.a. Enrique Pahua Montano, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:15-cr-00140-MCE-1 MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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 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.