United States of America v. Mario Jose Arauza-Zamudio

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
DRS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO JOSE ARAUZA-ZAMUDIO,
Defendant - Appellant.
No. 08-10238
D.C. No. 2:07-cr-00153-JCC
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
John. C. Coughenour, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Mario Jose Arauza-Zamudio appeals from his guilty-plea conviction and 36-
month sentence for being a deported alien found in the United States, in violation
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DRS/Research 08-10238 2
of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967),
Arauza-Zamudio’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 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.
Accordingly, 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 judgment.

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