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UNITED STATES of America, Plaintiff-Appellee, v. Esteban MARTINEZ, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2016-01-25No. No. 14-10415
632 F. App'x 359

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Opinion

majority opinion

MEMORANDUM

Esteban Martinez appeals from the district court’s judgment and challenges the 50-month sentence imposed following his jury-trial conviction for possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Martinez contends the district court improperly admitted evidence that he had $1,085.00 on him when he was arrested, resulting in a violation of his due process rights. The record reflects that Martinez stipulated to possessing $1,085.00 at the time of his arrest. Accordingly, Martinez has waived his right to appeal the district court’s evidentiary ruling. See Yeti by Molly, Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1108 (9th Cir.2001) (“A stipulation ... is tantamount to a waiver of an issue for appeal.”) (internal quotations omitted).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.