United States v. Martinez

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 24 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-4432 D.C. No. Plaintiff - Appellee, 8:21-cr-00101-CJC-FWS-1 v. MEMORANDUM* JULIO CESAR MARTINEZ, AKA Primo,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Sunshine S. Sykes, District Judge, Presiding

Submitted December 17, 2024**

Before: WALLACE, GRABER, and BUMATAY, Circuit Judges.

Julio Cesar Martinez appeals from the district court’s judgment and

challenges his guilty-plea conviction and 288-month sentence for conspiracy and

attempt to distribute and possess with intent to distribute heroin in violation of 21

U.S.C. § 846.

* 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’s counsel filed a brief under Anders v. California, 386 U.S. 738

(1967), stating that there are no non-frivolous arguments for appeal. Appellant has

not filed a pro se supplemental brief.

In the plea agreement, Martinez waived the right to appeal the conviction,

except to claim the plea was involuntary, and the right to appeal most aspects of

the sentence. Our independent review of the record, see Penson v. Ohio, 488 U.S.

75, 80 (1988), discloses no basis to challenge the voluntariness of Martinez’s plea

or any aspect of the sentence that falls outside the appeal waiver. We therefore

affirm as to those issues.

We dismiss the remainder of the appeal because there is no non-frivolous

issue as to whether the appeal waiver is enforceable. See United States v. Watson,

582 F.3d 974, 986-88 (9th Cir. 2009).

Counsel’s motion to withdraw is granted.

AFFIRMED in part; DISMISSED in part.

2 23-4432