United States v. Nelson Ayala-Duran

MEMORANDUM

In these consolidated appeals, Nelson Ayala-Duran appeals from: (1) his jury-trial conviction and 63-month sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a); and (2) the district court’s revocation of his supervised release and imposition of a 36-month concurrent sentence. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Ayala-Duran’s counsel has filed a brief stating there are no grounds for relief in either appeal, along with a motion to withdraw as counsel of record in both appeals. 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 , 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. We remand in case # 2:07-cr-00564-SMM for the limited purpose of correcting the judgment so that it is consistent with the district court’s oral pronouncement regarding applicability of the fine. See, e.g., United States v.…