FILED
NOT FOR PUBLICATION JUN 09 2011
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. 09-50232
Plaintiff - Appellee, D.C. No. 2:08-cr-01054-GAF
v.
MEMORANDUM *
JORGE ALBERTO CRUZ-
ARRELLANO, a.k.a. Juan Jose Cruz-
Orellana,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Gary A. Feess, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Jorge Alberto Cruz-Arrellano appeals form his guilty-plea conviction and
the 70-month sentence 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
*
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).
(1967), Cruz-Arrellano’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 (1988), discloses no arguable grounds for relief on direct appeal.
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 § 1326(b)).
AFFIRMED; REMANDED to correct the judgment.
2 09-50232