United States of America v. Martin Garcia-Reyes

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARTIN GARCIA-REYES,
Defendant - Appellant.
No. 14-50005
D.C. No. 2:12-cr-00606-MWF
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Michael W. Fitzgerald, District Judge, Presiding
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Martin Garcia-Reyes appeals from the district court’s judgment and
challenges his guilty-plea conviction and 63-month sentence for conspiracy to
distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(vii), 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia-Reyes’s counsel has
FILED
JAN 29 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided Garcia-Reyes the opportunity to
file a pro se supplemental brief. No pro se supplemental brief or answering brief
has been filed.
Garcia-Reyes waived the right to appeal his conviction with the exception of
an appeal based on a claim that his plea was involuntary. Garcia-Reyes also
waived the right to appeal five specified issues related to his sentence. Our
independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable grounds for relief as to the voluntariness of Garcia-
Reyes’s plea or any sentencing issue outside the scope of the appeal waiver. We
therefore affirm as to those issues. We dismiss the remainder of the appeal in light
of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th
Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
14-50005 2

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