United States v. Juan Lopez-Gandara

FILED NOT FOR PUBLICATION AUG 16 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50234 Plaintiff - Appellee, D.C. No. 2:10-cr-00110-DMG v. MEMORANDUM * JUAN JESUS LOPEZ-GANDARA, a.k.a. Juan Jesus Lopez, a.k.a. Chino, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Dolly M. Gee, District Judge, Presiding Submitted August 11, 2011 ** Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges. Juan Jesus Lopez-Gandara appeals from his guilty-plea conviction and 46-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, * 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). 386 U.S. 738 (1967), Lopez-Gandara’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. We remand the case to the district court with instructions that it strike the special conditions of supervised release on page 4 of the judgment which place various financial constraints on Lopez-Gandara because these requirements were included in the written judgment but not imposed at sentencing. See United States v. Napier, 463 F.3d 1040, 1042 (9th Cir. 2006); see also United States v. Hicks, 997 F.2d 594, 597 (9th Cir. 1993). Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. AFFIRMED; REMANDED to correct the judgment. 2 10-50234