FILED

NOT FOR PUBLICATION FEB 29 2012

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. 10-50124

Plaintiff - Appellee, D.C. No. 8:08-cr-00333-DOC v.

MEMORANDUM * MAURICIO ALMENDAREZ-AMAYA, a.k.a. Mauricio Armendarez,

Defendant - Appellant.

Appeal from the United States District Court

for the Central District of California

David O. Carter, District Judge, Presiding

Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Mauricio Almendarez-Amaya appeals from his bench-trial conviction and 84-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California,

*

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). 386 U.S. 738 (1967), Almendarez-Amaya’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.

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 § 1326(b)).

Accordingly, counsel’s motion to withdraw is GRANTED, the district court’s judgment is AFFIRMED, and the case is REMANDED.

2 10-50124