United States v. Felix Sanchez , 463 F. App'x 699 ( 2011 )

FILED
NOT FOR PUBLICATION DEC 23 2011
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. 10-50553
Plaintiff - Appellee, D.C. No. 8:10-cr-00118-JVS
v.
MEMORANDUM *
FELIX GONZALEZ SANCHEZ, a.k.a.
Felix Gonzalez, a.k.a. Gabriel Anthony
Leon,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Felix Gonzalez Sanchez appeals from his guilty-plea conviction and
46-month sentence imposed for being an illegal alien found in the United States
following deportation, in violation of 8 U.S.C. § 1326(a). 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), Sanchez’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 Sanchez the opportunity to file a pro se supplemental brief. No
pro se supplemental brief or answering brief has been filed.
Sanchez waived his right to appeal his sentence with the exception of the
court’s calculation of his criminal history category. Our independent review of the
record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no
arguable grounds for relief as to Sanchez’s conviction and indicates that the appeal
waiver is operative. Accordingly, we dismiss the appeal of the sentence in part.
See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). With regard to
the court’s calculation of the criminal history category, our independent review of
the record discloses no arguable grounds for relief on direct appeal, and we affirm.
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)(2). See United States
v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to
delete the reference to § 1326(b)).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part; REMANDED to correct the
judgment.
2 10-50553