United States of America v. Andres Castro-Rocha, aka Andres Pocha Castro

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NOT FOR PUBLICATION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.
ANDRES CASTRO-ROCHA, aka Andres
Pocha Castro,
Defendants - Appellants.
No. 08-50228
D.C. No. 2:08-cr-00165-PA
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Andres Castro-Rocha appeals from his guilty-plea conviction and 30-month
sentence for being an illegal alien found in the United States following deportation,
FILED
MAR 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DRS/Research 08-50228 2
in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738
(1967), Castro-Rocha’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, but the case is REMANDED for the limited
purpose of correcting the judgment to reflect only the special conditions of
supervised release orally pronounced at sentencing.

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