United States v. Chavez-Valencia

MEMORANDUM ** Roberto Chavez-Valencia appeals from the district court’s judgment and challenges his guilty-plea conviction and 57-month sentence imposed for attempted reentry after deportation, in violation of 8 U.S.C. § 1326 , and aggravated identity theft, in violation of U.S.C. § 1028A(a)(l). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Chavez-Valencia’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 Chavez-Valencia 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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. Accordingly, the conviction and sentence are affirmed. In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir. *766 2000), we remand the case to the district court with instructions that it delete from the judgment the reference to section 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 section 1326(b)). The district court is further directed to modify the judgment to reflect a one-year term of supervised release as to Count 2. See 18 U.S.C. § 3583 (b)(3). Counsel’s motion to withdraw is GRANTED. AFFIRMED; REMANDED to correct the judgment. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.