United States of America v. Abraham Alvarado-Martinez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ABRAHAM ALVARADO-MARTINEZ,
Defendant-Appellant.
No. 21-10011
D.C. No.
4:20-cr-01364-JGZ-EJM-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
Abraham Alvarado-Martinez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 27-month sentence for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Alvarado-Martinez’s counsel has filed a brief stating that
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
SEP 16 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Alvarado-Martinez the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Alvarado-Martinez waived his right to appeal his conviction and sentence.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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