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NOT FOR PUBLICATION AUG 16 2011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