United States of America v. Esteban Martinez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ESTEBAN MARTINEZ,
Defendant - Appellant.
No. 14-10415
D.C. No. 4:12-cr-02085-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Esteban Martinez appeals from the district court’s judgment and challenges
the 50-month sentence imposed following his jury-trial conviction for possession
with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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).
FILED
JAN 25 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10415
Martinez contends the district court improperly admitted evidence that he
had $1,085.00 on him when he was arrested, resulting in a violation of his due
process rights. The record reflects that Martinez stipulated to possessing
$1,085.00 at the time of his arrest. Accordingly, Martinez has waived his right to
appeal the district court’s evidentiary ruling. See Yeti by Molly, Ltd. v. Deckers
Outdoor Corp., 259 F.3d 1101, 1108 (9th Cir. 2001) (“A stipulation . . . is
tantamount to a waiver of an issue for appeal.”) (internal quotations omitted).
AFFIRMED.

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