United States v. Clara Carrion-Ramirez

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAR 09 2010

MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS

UNITED STATES OF AMERICA, No. 08-50583

Plaintiff - Appellee, D.C. No. 8:07-cr-00265-AG v.

MEMORANDUM * CLARA INES CARRION-RAMIREZ,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California

Andrew J. Guilford, District Judge, Presiding Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Clara Ines Carrion-Ramirez appeals from her guilty-plea conviction and 37- month sentence imposed for illegal reentry, in violation of 8 U.S.C. § 1326.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Carrion-Ramirez’s *

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 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 (1988), discloses no arguable grounds for relief on direct appeal. Accordingly, we affirm the district court’s judgment.

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. Herrera-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, and the district court’s judgment is AFFIRMED but REMANDED.

DAT/Research 2 08-50583