United States v. Jaime Garcia , 471 F. App'x 737 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 13 2012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. 11-50163
Plaintiff - Appellee, D.C. No. 2:09-cr-00440-SJO
v.
MEMORANDUM *
JAIME GARCIA, a.k.a. Cisco, a.k.a.
Sisco, a.k.a. Thumper,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Jaime Garcia appeals from the 296-month sentence imposed following his
guilty-plea conviction for conspiracy to possess with intent to distribute
*
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).
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846.1
Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia’s counsel has
filed a brief stating there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided the appellant 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
However, we remand for the district court to conform the written judgment
to the oral pronouncement of sentence with respect to special condition of
supervised release number nine. Specifically, on remand the district court shall
add to the written judgment the exception regarding the homes of family members
announced at sentencing. See United States v. Allen, 157 F.3d 661, 668 (9th Cir.
1998). Additionally, in light of United States v. Johnson, 626 F.3d 1085, 1091 (9th
Cir. 2010), we remand with instructions to strike the language in special condition
of supervised release number eight that Garcia may not associate with “persons
associated with the Pacoima gang.”
1
The written judgment incorrectly indicated that Garcia pleaded not guilty.
2 11-50163
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; REMANDED to correct the judgment.
3 11-50163