United States v. Simon Martinez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-30012

Plaintiff-Appellee, D.C. No. 4:21-cr-00033-BLW-4 v.

SIMON MARTINEZ, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding

Argued and Submitted August 19, 2024 Seattle, Washington

Before: HAWKINS, McKEOWN, and DE ALBA, Circuit Judges.

Defendant Simon Martinez (“Martinez”) pled guilty to possession with intent

to distribute controlled substances (methamphetamine), reserving the right to appeal

the denial of his suppression motion. He also appeals the refusal to allow his second

appointed counsel to withdraw shortly before sentencing. We review the denial of

Martinez’s motion to suppress de novo, United States v. Peterson, 995 F.3d 1061,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1064 (9th Cir. 2021), the…