Haro

United States v. Haro

Good Law
314 F. App'x 972
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 07-50141California230 words

Opinion

Lead Opinion

MEMORANDUM **

Joel Haro appeals from the 120-month sentence imposed following his guilty-plea conviction for Racketeer Influenced and Corrupt Organizations Conspiracy, in violation of 18 U.S.C. § 1962 (d), and conspiracy, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(A), (b)(1)(B), and 846.

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Haro’s counsel has filed a brief stating there are no. arguable 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 with the exception of Condition 7 on page 2 of the judgment, prohibiting Haro from associating with any member of a “disruptive group.” We remand to the district court to excise this portion of Condition 7 from Haro’s supervised release conditions pursuant to United States v. Soltero, 510 F.3d 858, 867 (9th Cir.2007) (per…

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