United States of America v. Arturo Villa-Hernandez

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).
DRS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARTURO VILLA-HERNANDEZ,
Defendant - Appellant.
No. 08-10318
D.C. No. 4:07-cr-01300-JMR-JJM
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
John M. Roll, Chief District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Arturo Villa-Hernandez appeals from his 46-month sentence for illegal
reentry after deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v.
FILED
MAR 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

DRS/Research 08-10318 2
California, 386 U.S. 738 (1967), Villa-Hernandez’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.
The record discloses that the appellant pleaded guilty without a plea
agreement. Accordingly, we remand to the district court for the limited purpose of
correcting the judgment to delete the reference to a plea agreement and appeal
waiver. The district court’s judgment is affirmed in all other respects. Counsel’s
motion to withdraw is granted.
AFFIRMED; REMANDED to correct judgment.

-- 2 of 2 --