United States v. Rene Martinez-Encinas

FILED NOT FOR PUBLICATION JAN 16 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10282 Plaintiff - Appellee, D.C. No. 4:04-cr-01418-DCB v. MEMORANDUM* RENE MARTINEZ-ENCINAS, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Wm. Fremming Nielsen, District Judge, Presiding** Submitted January 15, 2013*** Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges. Rene Martinez-Encinas appeals from the judgment revoking supervised release and the 46-month sentence imposed upon revocation. Pursuant to Anders v. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Wm. Fremming Nielsen, Senior United States District Judge for the Eastern District of Washington, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). California, 386 U.S. 738 (1967), Martinez-Encinas’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Martinez-Encinas has filed a pro se supplemental brief. The government has not filed an answering brief. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED. The government’s motion to dismiss this appeal is DENIED. AFFIRMED. 2 11-10282