United States of America v. Jesus Frias-Viramontes, a.k.a. Jesus Frias, a.k.a. J. Jesus Frias- Viramontes

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS FRIAS-VIRAMONTES, a.k.a.
Jesus Frias, a.k.a. J. Jesus Frias-
Viramontes,
Defendant - Appellant.
No. 14-10003
D.C. No. 4:13-cr-01223-JGZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Linda R. Reade, District Judge, Presiding**
Submitted August 25, 2015***
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
FILED
SEP 01 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Linda R. Reade, Chief United States District Judge for
the Northern District of Iowa, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Jesus Frias-Viramontes appeals from the district court’s judgment and
challenges his guilty-plea conviction and 57-month sentence for reentry after
deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386
U.S. 738 (1967), Frias-Viramontes’s counsel has filed a brief stating that there are
no grounds for relief, along with a motion to withdraw as counsel of record. We
have provided Frias-Viramontes 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 (1988), discloses no arguable grounds for relief on direct appeal.
The record reflects that Frias-Viramontes pleaded guilty to reentry after
deportation, not to attempted reentry after deportation. We remand the case to the
district court to correct the judgment.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED; REMANDED to correct the judgment.
14-10003 2

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