United States v. Felipe Fava-Corella ( 2010 )

FILED
NOT FOR PUBLICATION DEC 27 2010
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. 09-50270
Plaintiff - Appellee, D.C. No. 3:08-cr-03986-LAB
v.
MEMORANDUM *
FELIPE FERNANDO FAVA-CORELLA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Felipe Fernando Fava-Corella appeals from his 84-month sentence 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 (1967), Fava-Corella’s counsel has
filed a brief stating there are no grounds for relief, along with a motion to withdraw
*
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).
as counsel of record. We have provided the appellant with the opportunity to file a
pro se supplemental brief. He has filed a supplemental brief and an answering
brief has been filed.
The Government’s motion to supplement the record pursuant to Rule 10(e)
of the Federal Rules of Appellate Procedure is denied. See United States v.
Garcia, 997 F.2d 1273, 1278 (9th Cir. 1993).
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.
We remand to the district court for the limited purpose of correcting the
judgment to reflect that Fava-Corella pled guilty to the indictment, not an
information, and that he pled guilty to being a deported alien found in the United
States, not attempted entry after deportation.
Counsel’s motion to withdraw is GRANTED, the district court’s judgment
is AFFIRMED, and the case is REMANDED with instructions to correct the
judgment.
2 09-50270