United States v. Carlos Polino

Good Law
463 F. App'x 688
United States Court of Appeals for the Ninth CircuitDecember 23, 201110-10578California238 words

Opinion

Opinion

MEMORANDUM

Carlos Alberto Polino appeals from his guilty-plea conviction and 57-month sen tence imposed for being a deported alien found unlawfully in the United States, 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), Polino’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 Polino the opportunity to file a pro se supplemental brief. A pro se supplemental brief has been filed. No 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 remand the case to the district court with instructions that it strike the supervised release special condition which prohibits Polino from possessing a firearm or any other dangerous weapon because this condition was included in the written judgment but not imposed at sentencing. See United States v. Napier, 463 F.3d 1040, 1042 (9th Cir.2006); see also United States v. Hicks, 997 F.2d 594, 597 (9th Cir.1993).

Counsel’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.