Ruiz-Corona

United States v. Ruiz-Corona

Good Law
329 F. App'x 757
United States Court of Appeals for the Ninth CircuitJuly 24, 2009No. 08-50282California228 words

Opinion

Lead Opinion

MEMORANDUM **

Armando Ruiz-Corona appeals from his guilty-plea conviction and 30-month sentence imposed for being a deported alien found 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), Ruiz-Corona’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.

Accordingly, counsel’s motion to withdraw is granted, and the conviction and sentence are affirmed.

*758 In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir.2000), we remand the case to the district court with instructions that it delete from the judgment the incorrect reference to 8 U.S.C. § 1326 (b). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir.2000) (remanding sua sponte to delete the…

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.