United States of America v. Rene Martinez-Encinas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RENE MARTINEZ-ENCINAS,
Defendant - Appellant.
No. 11-10282
D.C. No. 4:04-cr-01418-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Wm. Fremming Nielsen, District Judge, Presiding**
Submitted January 15, 2013***
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Rene Martinez-Encinas appeals from the judgment revoking supervised
release and the 46-month sentence imposed upon revocation. Pursuant to Anders v.
FILED
JAN 16 2013
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 Honorable Wm. Fremming Nielsen, Senior United States District
Judge for the Eastern District of Washington, sitting by designation.
*** 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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California, 386 U.S. 738 (1967), Martinez-Encinas’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-Encinas has filed a pro se supplemental brief. The
government has not filed an answering brief.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel’s motion to withdraw is GRANTED.
The government’s motion to dismiss this appeal is DENIED.
AFFIRMED.
11-10282 2

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