United States v. Roberto Chavez-Valencia , 582 F. App'x 764 ( 2014 )

FILED
NOT FOR PUBLICATION JUL 10 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10076
Plaintiff - Appellee, D.C. No. 4:12-cr-00231-DCB
v.
MEMORANDUM*
ROBERTO CHAVEZ-VALENCIA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
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)(1). Pursuant to Anders v.
*
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).
California, 386 U.S. 738 (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 (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. 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.
2 13-10076