FILED
NOT FOR PUBLICATION OCT 06 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50467
Plaintiff - Appellee, D.C. No. 5:09-cr-00086-VAP
v.
MEMORANDUM *
ALVARO ZEPEDA-ARCE,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, N.R. SMITH, Circuit Judges.
Alvaro Zepeda-Arce appeals from his guilty-plea conviction and 37-month
sentence for illegal reentry by an alien following deportation, in violation of 8
U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Zepeda-
Arce’s counsel has filed a brief stating there are no grounds for relief, along with a
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 (1988), discloses no arguable grounds for relief on direct appeal.
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 § 1326(b)(2). See United States
v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to
delete the reference to § 1326(b)).
Counsel's motion to withdraw is GRANTED, the district court's judgment is
AFFIRMED, and the case is REMANDED with instructions to correct the judgment.
2 09-50467