FILED
NOT FOR PUBLICATION FEB 21 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10183
Plaintiff-Appellee, D.C. No. 4:15-cr-02134-CKJ
v.
MEMORANDUM*
NOE RAUL MARTINEZ-LABORIN,
a.k.a. Raul Martinez-Laborin, a.k.a. Raul
Noe Martinez-Laborin,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Noe Raul Martinez-Laborin appeals from the district court’s judgment and
challenges his guilty-plea conviction and 37-month sentence for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
*
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).
386 U.S. 738 (1967), Martinez-Laborin’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-Laborin has filed a pro se supplemental brief. No answering brief has
been filed.
Martinez-Laborin waived his right to appeal his conviction and sentence.
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 waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 16-10183