Luna

United States v. Luna

Good Law
329 F. App'x 760
United States Court of Appeals for the Ninth CircuitJuly 24, 2009No. 07-50501California229 words

Opinion

Lead Opinion

*761 MEMORANDUM **

Ruben Lobato Luna 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), Luna’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.

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 reference…

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