United States of America v. Carlos Alberto Polino

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NOT FOR PUBLICATION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.
CARLOS ALBERTO POLINO,
Defendant - Appellant.
No. 10-10578
D.C. No. 2:10-cr-00078-HDM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Howard D. McKibben, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Carlos Alberto Polino appeals from his guilty-plea conviction and
57-month sentence imposed for being a deported alien found unlawfully in the
United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Polino’s counsel has filed a brief stating there are no grounds
FILED
DEC 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10578 2
for relief, along with a motion to withdraw as counsel of record. We have
provided Polino the opportunity to file a pro se supplemental brief. A pro se
supplemental brief has been filed. No 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.
We remand the case to the district court with instructions that it strike the
supervised release special condition which prohibits Polino from possessing a
firearm or any other dangerous weapon because this condition was included in the
written judgment but not imposed at sentencing. See United States v. Napier, 463
F.3d 1040, 1042 (9th Cir. 2006); see also United States v. Hicks, 997 F.2d 594, 597
(9th Cir. 1993).
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED.
AFFIRMED; REMANDED to correct the judgment.

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