NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 19 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-10626
Plaintiff - Appellee, D.C. No. 1:13-cr-00652-HG
v.
MEMORANDUM*
JOSE ANTONIO SALAZAR-LUNA,
a.k.a. Jose Salazar,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Hawaii
Helen W. Gillmor, District Judge, Presiding
Submitted August 13, 2014**
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
Jose Antonio Salazar-Luna appeals from the district court’s judgment and
challenges his guilty-plea conviction and 30-month sentence for illegal reentry, 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), Salazar-Luna’s counsel has filed a brief stating that there are no grounds
for relief, along with a motion to withdraw as counsel of record. We have
provided Salazar-Luna 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 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, the conviction and sentence are 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 to correct
the judgment to exclude the reference to 8 U.S.C. § 1326(b)(1). See United States
v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to
delete from judgment reference to section 1326(b)).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED; REMANDED to correct the judgment.
2 13-10626