United States v. Juan Chavez-Anguiano

FILED NOT FOR PUBLICATION MAR 10 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-50195

Plaintiff - Appellee, D.C. No. 2:08-cr-01221-VBF v.

MEMORANDUM * JUAN CARLOS CHAVEZ-ANGUIANO,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Valerie Baker Fairbank, District Judge, Presiding

Submitted February 16, 2010 **

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

Juan Carlos Chavez-Anguiano appeals from his guilty-plea conviction and 51-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326.

*

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

Pursuant to Anders v. California, 386 U.S. 738 (1967), Chavez-Anguiano’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 (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.

SZ/Research 2 09-50195