United States v. Carrillo-Martinez

FILED NOT FOR PUBLICATION AUG 03 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 14-10354 14-10358 Plaintiff - Appellee, D.C. Nos. 3:13-cr-00080-MMD v. 3:13-cr-00090-MMD UVALDO CARRILLO-MARTINEZ, a.k.a. Uvaldo Carrilo-Martinez, a.k.a. MEMORANDUM* Ubaldo Carrillo, a.k.a. Juan Martinez Equovelo, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding Submitted July 21, 2015** Before: CANBY, BEA, and MURGUIA, Circuit Judges. In these related appeals, Uvaldo Carrillo-Martinez appeals his guilty-plea convictions and 120-month concurrent sentences for conspiracy to possess with * 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). intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii), 846, and unlawful reentry by a deported, removed, or excluded alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Carrillo-Martinez’s counsel has filed briefs stating that there are no grounds for relief, along with motions to withdraw as counsel of record. Carrillo- Martinez has filed a pro se supplemental brief. No answering brief has been filed. Carrillo-Martinez waived his right to appeal his convictions and sentences. 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 waivers. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss these appeals. See id. at 988. To the extent Carrillo-Martinez argues in his pro se brief that counsel provided ineffective assistance, we decline to address this issue on direct appeal. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). Counsel’s motions to withdraw are GRANTED. Appeal Nos. 14-10354 and 14-10358 DISMISSED. 2 14-10354 & 14-10358