United States v. Martinez

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 27 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-4309 D.C. No. Plaintiff - Appellee, 8:21-cr-00101-CJC-FWS-2 v. MEMORANDUM* VICTOR MARTINEZ,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding

Submitted November 20, 2024**

Before: CANBY, TALLMAN, and CLIFTON, Circuit Judges.

Victor Martinez appeals from district court’s judgment imposed following

his guilty-plea conviction for conspiracy and attempt to distribute and possess with

intent to distribute heroin, in violation of 21 U.S.C. § 846. We have jurisdiction

under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Martinez contends that the district court imposed standard conditions of

supervised release without providing him adequate notice and an opportunity to

object, in violation of United States v. Montoya, 82 F.4th 640 (9th Cir. 2023) (en

banc). The record does not support this claim. Prior to sentencing, Martinez was

given notice of the standard conditions, which were attached to his presentence

report. The district court orally incorporated those conditions by reference at the

sentencing hearing, and Martinez waived reading of them. The district court thus

fully complied with Montoya. See id. at 652-53 (explaining that the oral

pronouncement requirement is satisfied “if the defendant is informed of the

proposed discretionary conditions before the sentencing hearing and the district

court orally incorporates by reference . . . those conditions”).

AFFIRMED.

2 23-4309