United States v. Gaudron

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 24 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-643 D.C. No. 3:22-cr-02041-CAB-1 Plaintiff - Appellee, v. MEMORANDUM* PATRICIA GAUDRON, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding Submitted January 17, 2024** Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges. Patricia Gaudron appeals from the district court’s judgment and challenges her jury-trial conviction, time-served sentence, and two-year term of supervised release for transportation of certain aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). Pursuant to Anders v. California, 386 U.S. 738 (1967), * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Gaudron’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 Gaudron 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 as to Gaudron’s conviction, custodial sentence, term of supervised release, and special conditions of supervision. However, the record reflects that the district court did not orally pronounce or incorporate by reference the 13 standard supervised release conditions included in the written judgment. In light of United States v. Montoya, 82 F.4th 640 (9th Cir. 2023) (en banc), which was decided after the district court entered judgment in this case, we vacate those conditions and remand for the limited purpose of permitting the district court to orally pronounce any standard conditions it wishes to reimpose and to give Gaudron an opportunity to object. See id. at 656. Counsel’s motion to withdraw is DENIED without prejudice to renewal in the district court. AFFIRMED in part; VACATED in part; and REMANDED. 2 23-643