United States v. Rick Mendoza

MEMORANDUM

Rick Mendoza appeals from his guilty-plea conviction for conspiracy to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine and 500 grams or more of a mixture or substance containing a detectable amount of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Mendoza’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Mendoza has filed a pro se supplemental brief, and the government has filed an answering brief.

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.

Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. However, we REMAND to the district court for the limited purpose of correcting the judgment to clarify that Mendoza was convicted of violating 21 U.S.C. §§ 841 (a)(1) and 846.

This disposition is not appropriate for publication and is not precedent except as provided…