FILED
NOT FOR PUBLICATION FEB 24 2012
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. 11-30062
Plaintiff - Appellee, D.C. No. 3:10-cr-05373-RBL
v.
MEMORANDUM *
NELSON VILLEGAS MARTINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
**
Submitted February 21, 2012
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Nelson Villegas Martinez appeals from his guilty-plea conviction and 60-
month sentence for conspiracy to distribute heroin, in violation of 21 U.S.C.
§§ 841(a)(1), 841(b)(1)(B), and 846. Pursuant to Anders v. California, 386 U.S.
*
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).
738 (1967), Villegas 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 the opportunity to file a pro se supplemental brief. No pro
se supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief as to Villegas Martinez’s
conviction. We dismiss the appeal of the sentence in light of the valid appeal
waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
The conviction is AFFIRMED, and the appeal of the sentence is
DISMISSED.
2 11-30062