United States v. Martin Garcia-Reyes

MEMORANDUM

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 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Garcia-Reyes’s 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 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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (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…