United States v. Silvano Flores

MEMORANDUM

Silvano Morales Flores appeals from the district court’s judgment and challenges his guilty-plea conviction and 46-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), Morales Flores’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 Morales Flores 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. However, we remand the case to the district court with instructions to amend the judgment to delete the incorrect reference to 18 U.S.C. § 1326 (a) and (b)(2) and replace it with the proper statute of conviction, 8 U.S.C. § 1326 (a). In addition, the court should strike the special conditions of supervised release, which are only applicable in cases in which the court imposes a…