United States of America v. Reynaldo Medina

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REYNALDO MEDINA,
Defendant - Appellant.
No. 10-30230
D.C. No. 4:10-cr-00027-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Reynaldo Medina appeals his guilty-plea conviction and 105-month
sentence for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Medina’s counsel has filed
a brief stating there are no grounds for relief, along with a motion to withdraw as
FILED
OCT 3 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30230 2
counsel of record. We have provided the appellant with 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 Medina’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.

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