FILED

NOT FOR PUBLICATION DEC 27 2010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. 09-50270

Plaintiff - Appellee, D.C. No. 3:08-cr-03986-LAB v.

MEMORANDUM * FELIPE FERNANDO FAVA-CORELLA,

Defendant - Appellant.

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.

Felipe Fernando Fava-Corella appeals from his 84-month sentence for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Fava-Corella’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. He has filed a supplemental brief and an answering brief has been filed.

The Government’s motion to supplement the record pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure is denied. See United States v. Garcia, 997 F.2d 1273, 1278 (9th Cir. 1993).

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.

We remand to the district court for the limited purpose of correcting the judgment to reflect that Fava-Corella pled guilty to the indictment, not an information, and that he pled guilty to being a deported alien found in the United States, not attempted entry after deportation.

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.

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