United States of America v. Jaime Ruiz

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).
SR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAIME RUIZ,
Defendant - Appellant.
No. 08-50198
D.C. No. 5:07-cr-00191-VAP
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Jaime Ruiz appeals from his guilty-plea conviction and 51-month sentence
for illegal reentry by an alien following deportation, in violation of 8 U.S.C.
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ruiz’s counsel has
FILED
APR 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SR/Research 08-50198 2
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.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no grounds for relief on direct appeal. Accordingly,
counsel’s motion to withdraw is granted and the sentence 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 § 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 with instructions to correct the judgment.

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