United States v. Raphael Carrasco

FILED
NOT FOR PUBLICATION DEC 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50423
Plaintiff - Appellee, D.C. No. 2:12-cr-00730-ODW
v.
MEMORANDUM*
RAPHAEL CARRASCO, a.k.a. Rafael
Carrasco,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, II, District Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Raphael Carrasco appeals from the district court’s judgment and challenges
the 135-month sentence imposed following his guilty-plea conviction for
conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Carrasco’s counsel has filed
*
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).
a brief stating that there are no grounds for relief and has moved to withdraw as
counsel of record. We have provided Carrasco 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; therefore,
we affirm the sentence. The record reflects that Carrasco pleaded guilty only to
conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846.
Accordingly, we remand the case to the district court with instructions that it delete
from the judgment the reference to heroin.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED; REMANDED for correction of the judgment.
2 13-50423