United States v. Jesus Gonzalez

MEMORANDUM

Jesus Rodriguez Gonzalez appeals from the district court’s judgment and challenges his guilty-plea conviction and 27-month sentence for being an illegal alien found in the United States following deportation, 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), Rodriguez Gonzalez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Rodriguez Gonzalez 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 Rodriguez Gonzalez’s conviction and sentence.

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 reference to 8 U.S.C. § 1826 (b)(2). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir.2000) (remanding…