United States v. Jose Rocha-Encarnacion

U.S. Court of Appeals for the Ninth Circuit
United States v. Jose Rocha-Encarnacion, 407 F. App'x 239 (9th Cir. 2011)
Goodwin, Wallace, Clifton

United States v. Jose Rocha-Encarnacion

Opinion

MEMORANDUM **

Jose Rocha-Encarnacion appeals from his guilty-plea conviction and 51-month sentence for being an illegal alien found in the United States, 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), Roeha-Encarnacioris 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. 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, 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 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Jose ROCHA-ENCARNACION, A.K.A. Esteban Rocha-Encarnacion, Defendant—Appellant
Status
Unpublished