United States v. Rafael Gamarro-Ramirez

FILED
NOT FOR PUBLICATION JUN 15 2010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. 09-50379
Plaintiff - Appellee, D.C. No. 5:08-cr-00214-VAP
v.
MEMORANDUM *
RAFAEL GAMARRO-RAMIREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Rafael Gamarro-Ramirez appeals from the conviction and 46-month
sentence imposed following his guilty plea conviction for illegal reentry, in
violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738*
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).
(1967), Gamarro-Ramirez’s counsel has filed a brief stating there are no grounds
for relief, along with a motion to withdraw as counsel of record. Appellant has
filed a pro se brief.1
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.
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 incorrect reference to § 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, and the district court’s
judgment is AFFIRMED, and the case is REMANDED with instructions to
correct the judgment.
1
Appellant’s motion to file a late opening brief is granted, and the brief
received on April 15, 2010, is deemed filed.
2 09-50379