Opinion
No. 14-50167
01-27-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESUS RODRIGUEZ GONZALEZ, a.k.a. Jesus Gonzalez Rodriguez, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 8:13-cr-00037-DOC MEMORANDUM Appeal from the United States District Court for the Central District of California
David O. Carter, District Judge, Presiding
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jesus Rodriguez Gonzalez appeals from the district court's judgment and challenges his guilty-plea conviction and 27-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rodriguez Gonzalez'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 Rodriguez Gonzalez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief on direct appeal; therefore, we affirm Rodriguez Gonzalez's conviction and sentence.
In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir. 2000), we remand the case to the district court with instructions that it delete from the judgment the reference to 8 U.S.C. § 1326(b)(2). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to delete the reference to section 1326(b)(2)).
Counsel's motion to withdraw is GRANTED.
AFFIRMED; REMANDED to correct the judgment.