United States v. Arturo Villa-Hernandez

MEMORANDUM

Arturo Villa-Hernandez appeals from his 46-month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Villa-Hernandez’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.

The record discloses that the appellant pleaded guilty without a plea agreement. Accordingly, we remand to the district court for the limited purpose of correcting the judgment to delete the reference to a plea agreement and appeal waiver. The district court’s judgment is affirmed in all other respects. Counsel’s motion to withdraw is granted.

AFFIRMED; REMANDED to correct judgment.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.…