United States of America v. Alvaro Zepeda-Arce

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NOT FOR PUBLICATION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.
ALVARO ZEPEDA-ARCE,
Defendant - Appellant.
No. 09-50467
D.C. No. 5:09-cr-00086-VAP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, N.R. SMITH, Circuit Judges.
Alvaro Zepeda-Arce appeals from his guilty-plea conviction and 37-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), Zepeda-
Arce’s counsel has filed a brief stating there are no grounds for relief, along with a
FILED
OCT 06 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50467 2
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 arguable grounds for relief on direct appeal.
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)).
Counsel's motion to withdraw is GRANTED, the district court's judgment is
AFFIRMED, and the case is REMANDED with instructions to correct the judgment.

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