United States of America v. Heriberto Martinez-Chacon

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
DAT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HERIBERTO MARTINEZ-CHACON,
Defendant - Appellant.
No. 08-10556
D.C. No. 2:08-cr-00783-GMS
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Heriberto Martinez-Chacon appeals from his guilty-plea conviction and 52-
month sentence for attempted illegal reentry after deportation, in violation of
8 U.S.C. § 1326.
FILED
DEC 16 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DAT/Research 08-10556 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Martinez-Chacon’s
counsel has filed a brief stating there are no grounds for relief, along with a motion
to withdraw as counsel of record. Martinez-Chacon has filed a pro se supplemental
brief requesting an evidentiary hearing, the Government has filed a motion to
dismiss instead of an answering brief, and Martinez-Chacon has filed a pro se
response to the motion to dismiss.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel’s motion to withdraw is GRANTED, all pending
motions are DENIED, and the district court’s judgment is AFFIRMED.

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