U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Jorge Cruz-Arrellano

United States v. Jorge Cruz-Arrellano
U.S. Court of Appeals for the Ninth Circuit · Decided June 9, 2011 · Paez, Pregerson, Thomas
437 F. App'x 605

United States v. Jorge Cruz-Arrellano

Opinion

MEMORANDUM **

Jorge Alberto Cruz-Arrellano appeals form his guilty-plea conviction and the 70-month sentence for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. *606 California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Cruz-Arrellano’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.

Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

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 8 U.S.C. § 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)).

AFFIRMED; REMANDED to correct the judgment.

**

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

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