FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 15, 2021 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES of AMERICA, Plaintiff - Appellee, v. No. 20-4084 (D.C. No. 2:17-CR-00748-DS-1) VALERIO MARTINEZ-RAMOS, (D. Utah) Defendant-Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BRISCOE, and PHILLIPS, Circuit Judges. _________________________________ Valerio Martinez-Ramos was sentenced to 18 months in prison followed by 36 months of supervised release for illegally reentering the United States (the “illegal reentry sentence”). Based on the same conduct, he was sentenced to 6 months in prison for violating the conditions of supervised release for a prior offense, to run consecutively to the 18-month prison term (the “revocation sentence”). Mr. Martinez-Ramos appeals the revocation sentence. His appellate counsel has submitted an Anders brief stating the appeal presents no non-frivolous grounds for * This order is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. reversal. After a careful review of the record, we agree. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we grant counsel’s motion to withdraw and dismiss this appeal. I. BACKGROUND A. First Criminal Case In 2018, Mr. Martinez-Ramos was charged with one count of possessing heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and one count of illegal reentry following deportation from the United States, in violation of 8 U.S.C. § 1326. He pled guilty to both counts. The district court sentenced him to 18 months in prison followed by 36 months of supervised release. The court ordered Mr. Martinez-Ramos remanded to Immigration and Customs Enforcement for removal proceedings after his release from prison. B. Second Criminal Case and Revocation of Supervised Release In 2020, Mr. Martinez-Ramos was charged again with illegal reentry, in violation of 8 U.S.C. § 1326.1 The Government also alleged the illegal reentry violated the conditions of supervised release in Mr. Martinez-Ramos’s first criminal case. Mr. Martinez-Ramos pled guilty to the illegal reentry charge and to the allegation that he violated the conditions of supervised release imposed in the first criminal case. For the illegal reentry sentence, the district court imposed a term of 18 months in prison 1 We grant Mr. Martinez-Ramos’s Motion to Take Judicial Notice of the Statement in Advance of Plea from the second criminal case, United States v. Martinez- Ramos, No. 2:20-cr-00135-DS (D. Utah July 30, 2020), ECF No. 23. 2 followed by 36 months of supervised release. For the revocation sentence, the court imposed a term of 6 months, to run consecutively to the 18-month illegal reentry sentence. C. Appellate Proceedings Mr. Martinez-Ramos, through counsel, filed a timely notice of appeal from the judgment imposing the revocation sentence.2 Mr. Martinez-Ramos’s counsel filed an opening brief invoking Anders v. California, 386 U.S. 738 (1967), which “authorizes counsel to request permission …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals