United States v. Jaime Garcia

U.S. Court of Appeals for the Ninth Circuit
United States v. Jaime Garcia, 471 F. App'x 737 (9th Cir. 2012)

United States v. Jaime Garcia

Opinion

MEMORANDUM **

Jaime Garcia appeals from the 296-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. 1

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Garcia’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 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.

However, we remand for the district court to conform the written judgment to the oral pronouncement of sentence with respect to special condition of supervised release number nine. Specifically, on remand the district court shall add to the written judgment the exception regarding the homes of family members announced at sentencing. See United States v. Allen, 157 F.3d 661, 668 (9th Cir. 1998). Additionally, in light of United States v. Johnson, 626 F.3d 1085, 1091 (9th Cir. 2010), we remand with instructions to strike the language in special condition of supervised release number eight that Garcia may not associate with “persons associated with the Paeoima gang.”

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; 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.

1

. The written judgment incorrectly indicated that Garcia pleaded not guilty.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Jaime GARCIA, A.K.A. Cisco, A.K.A. Sisco, A.K.A. Thumper, Defendant-Appellant
Status
Unpublished