NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 11 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 10-50010
Plaintiff - Appellee, D.C. No. 8:09-cr-00147-AG
v.
MEMORANDUM *
JAVIER BELTRAN, a.k.a. Javier Munoz
Beltran, a.k.a. Javier Nuno Munoz, a.k.a.
Javier Munoz Nuno,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Javier Beltran appeals from his guilty-plea conviction and 51-month
sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Beltran’s counsel has filed
*
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).
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. We have considered Beltran’s pro se supplemental brief
and the government’s motion to dismiss.
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.
We deny the government’s motion to dismiss.
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is 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)(2). See
United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding
sua sponte to delete the reference to section 1326(b)).
AFFIRMED; REMANDED to correct the judgment.
2 10-50010