United States v. Santiago Yanez-Martinez

FILED NOT FOR PUBLICATION DEC 23 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-10497 No. 09-10498 Plaintiff - Appellee, D.C. No. 4:09-cr-50058-JMR v. D.C. No. 4:09-cr-00400-JMR SANTIAGO YANEZ-MARTINEZ, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the District of Arizona John M. Roll, Chief Judge, Presiding Submitted December 19, 2011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges. In these consolidated appeals, Santiago Yanez-Martinez appeals from his guilty-plea conviction and 51-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326, and from the revocation of his supervised release and the 9-month sentence imposed upon revocation. Pursuant to Anders v. California, * 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). 386 U.S. 738 (1967), Yanez-Martinez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. With respect to both cases, we dismiss the appeals in light of the valid appeal waivers. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). Counsel’s motion to withdraw is GRANTED, and the appeals are DISMISSED. 2 09-10497