U.S. v. Montoya

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Martha Del Carmen…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 12, 1997

124 F.3d 214 (9th Cir. 1997)

Opinion

124 F.3d 214 (9th Cir. 1997) UNITED STATES of America, Plaintiff-Appellee, v. Martha Del Carmen MONTOYA, Defendant-Appellant. No. 94-50190. United States Court of Appeals, Ninth Circuit September 12, 1997

Submitted September 8, 1997. ^**

** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the Central District of California, D.C. No. CR-93-00274-LGB-04; Lourdes G. Baird, District Judge, Presiding.

Before: HALL, BRUNETTI, and THOMAS, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Martha Del Carmen Montoya appeals her guilty plea conviction and sentence for conspiracy to willfully combine, conspire and agree to possess with intent to distribute a mixture or substance containing a detectable amount of cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). Montoya's counsel has submitted a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and a motion to withdraw as counsel of record. Because our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no meritorious issues for review, we AFFIRM the district court's judgment and GRANT the motion of counsel to withdraw.