United States v. Miguel Alvarez-Adame , 466 F. App'x 633 ( 2012 )

FILED
NOT FOR PUBLICATION JAN 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50161
Plaintiff - Appellee, D.C. No. 3:07-cr-00059-LAB
v.
MEMORANDUM *
MIGUEL ALVAREZ-ADAME,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Miguel Alvarez-Adame appeals from the 110-month sentence imposed
following his conviction for being a deported alien found in the United States, in
violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738
*
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).
(1967), Alvarez-Adame’s counsel has filed a brief stating there are no grounds for
relief, along with a motion to withdraw as counsel of record. Alvarez-Adame filed
a pro se supplemental brief and the government filed an answering brief.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81, 109 (1988), discloses no arguable grounds for relief on direct appeal.
We decline to reconsider Alvarez-Adame’s challenge to the validity of the
underlying deportation order because this court already decided that issue in
United States v. Alvarez-Adame, 346 Fed. Appx. 169 (9th Cir. 2009). See United
States v. Scrivner, 189 F.3d 825, 827 (9th Cir. 1999) (under the law of the case
doctrine, one panel of an appellate court will not reconsider questions which
another panel has decided on a prior appeal in the same case).
In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062
(9th Cir. 2000), we remand the case to the district court with instructions that it
delete from the judgment the reference to 8 U.S.C. § 1326(b). 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)).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED and REMANDED to correct the judgment.
2 10-50161