United States v. Raphael Carrasco
Opinion
Opinion
MEMORANDUM
Raphael Carrasco appeals from the district court’s judgment and challenges the 135-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 . Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Carrasco’s counsel has filed a brief stating that there are no grounds for relief and has moved to withdraw as counsel of record. We have provided Carrasco 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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal; therefore, we affirm the sentence. The record reflects that Carras-co pleaded guilty only to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 . Accordingly, we remand the case to the district court with instructions that it delete from the judgment the reference to heroin.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED; REMANDED for correction of the judgment.