United States v. Silvano Flores

FILED
NOT FOR PUBLICATION JAN 16 2013
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. 11-50343
Plaintiff - Appellee, D.C. No. 2:11-cr-00118-GW
v.
MEMORANDUM *
SILVANO MORALES FLORES, a.k.a.
Silvano Flores Morales,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
George H. Wu, District Judge, Presiding
Submitted January 15, 2013 **
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Silvano Morales Flores appeals from the district court’s judgment and
challenges his guilty-plea conviction and 46-month sentence for being an illegal
alien found in the United States following deportation, in violation of 8 U.S.C.
*
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).
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Morales Flores’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 Morales Flores 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. However,
we remand the case to the district court with instructions to amend the judgment to
delete the incorrect reference to 18 U.S.C. § 1326(a) and (b)(2) and replace it with
the proper statute of conviction, 8 U.S.C. § 1326(a). In addition, the court should
strike the special conditions of supervised release, which are only applicable in
cases in which the court imposes a fine or restitution. See C.D. Cal. General Order
01-05.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED; REMANDED to correct the judgment.
2 11-50343