United States v. Jose Luis Rubio-Rodriguez
Opinion
Opinion
MEMORANDUM
Jose Luis Rubio-Rodriguez appeals from his guilty-plea conviction and 135-month sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(viii) and 846. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Rubio-Rodriguez’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 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. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).
We remand to the district court to correct what may be a clerical error in the judgment. The judgment may be amended to reflect that defendant was convicted of conspiracy to distribute methamphetamine in violation of “21 U.S.C. §§ 841(a)(1), (b)(l)(A)(viii) and 846.”