U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Alvaro Zepeda-Arce

U.S. Court of Appeals for the Ninth Circuit · Decided October 6, 2010 · Silverman, Callahan, Smith

398 F. App'x 302

Counsel

Bryan F. Boutwell, Special Assistant U.S., Office of the U.S. Attorney, Riverside, CA, Michael J. Raphael, Esquire, Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee., Elizabeth Newman, Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant., Alvaro Zepeda-Arce, Pecos, TX, pro se.

Opinion

MEMORANDUM **

Alvaro Zepeda-Arce appeals from his guilty-plea conviction and 37-month sentence for illegal reentry by an alien follow *303 ing deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396,18 L.Ed.2d 493 (1967), Zepeda-Arce’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with 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, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

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 incorrect reference to § 1326(b)(2). See United States v. Herrerar-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to delete the reference to § 1326(b)).

Counsel’s motion to withdraw is GRANTED, the district court’s judgment is AFFIRMED, and the case is REMANDED with instructions to correct the judgment.

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

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