NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-30001
Plaintiff-Appellee, D.C. No. 4:14-cr-00051-BMM-1
v.
MEMORANDUM*
HIRAM DEAN BIRD,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted July 19, 2021**
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
Hiram Dean Bird appeals from the district court’s judgment revoking
supervised release and imposing a 6-month custodial sentence and 33-month term
of supervised release. Pursuant to Anders v. California, 386 U.S. 738 (1967),
Bird’s counsel has filed a brief stating that there are no grounds for relief, along
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
with a motion to withdraw as counsel of record. We have provided Bird 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.
However, we remand the case to the district court with instructions to correct
the written judgment to conform to the oral pronouncement of sentence. At the
revocation hearing, the district court indicated that it was reimposing the special
conditions from the previous judgment. The special conditions in the instant
judgment differ from those contained in the previous judgment in two material
respects. Because the oral pronouncement of the sentence controls, we remand
solely for the district court to strike “place of employment” from Special Condition
7 and to strike Special Condition 13. See United States v. Hernandez, 795 F.3d
1159, 1169 (9th Cir. 2015) (remanding for the district court to make the written
judgment consistent with the unambiguous oral pronouncement of sentence).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED; REMANDED to correct the judgment.
2 21-30001