USA V. MERLE MARTIN, No. 17-10043 (9th Cir. 2017)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION OCT 27 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 17-10043 D.C. No. 2:16-cr-00297-DJH v. MEMORANDUM* MERLE BRANDON MARTIN, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding Submitted October 23, 2017** Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges. Merle Brandon Martin appeals from the district court’s judgment and challenges his guilty-plea conviction and the 30-month sentence imposed for assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 1153 and 113(a)(6). Pursuant to Anders v. California, 386 U.S. 738 (1967), Martin’s * 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). counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Martin the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Martin 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. 2 17-10043
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
