United States of America v. Hugo Quezada-Montero, a.k.a. Hugo Ramirez, a.k.a. Louis Panuco, a.k.a. Quatemo…

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HUGO QUEZADA-MONTERO, a.k.a.
Hugo Ramirez, a.k.a. Louis Panuco, a.k.a.
Quatemo Mercado, a.k.a. Javier Lopez,
a.k.a. Pedro Vasquez,
Defendant - Appellant.
No. 10-50158
D.C. No. 2:08-cr-01209-RGK
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Hugo Quezada-Montero appeals from the 77-month sentence imposed
following his guilty-plea conviction for being an illegal alien found in the United
FILED
FEB 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50158 2
States following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders
v. California, 386 U.S. 738 (1967), Quezada-Montero’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 reference to section 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 section 1326(b)).
AFFIRMED; REMANDED to correct the judgment.

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