United States of America v. Jose Rocha-Encarnacion, a.k.a. Esteban Rocha-Encarnacion

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NOT FOR PUBLICATION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.
JOSE ROCHA-ENCARNACION, a.k.a.
Esteban Rocha-Encarnacion,
Defendant - Appellant.
No. 09-50435
D.C. No. 8:09-cr-00054-CJC
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Jose Rocha-Encarnacion appeals from his guilty-plea conviction and 51-
month sentence for being an illegal alien found in the United States, in violation of
8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rocha-
FILED
JAN 05 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-50435 2
Encarnacion’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
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.

-- 2 of 2 --