USA V. JOSE RODRIGUEZ-ALVAREZ, No. 11-10009 (9th Cir. 2012)

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The court issued a subsequent related opinion or order on March 14, 2012.

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FILED MAR 05 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10009 D.C. No. 2:10-cr-00883-SRB-1 v. MEMORANDUM * JOSE MANUEL RODRIGUEZALVAREZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Jose Manuel Rodriguez-Alvarez appeals from his guilty-plea conviction and 30-month sentence imposed for re-entry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rodriguez- * 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). Alvarez 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 RodriguezAlvarez 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We remand the case to the district court with instructions that it delete from the judgment the reference on page three to a plea agreement and waiver because there is no plea agreement or waiver in this case. Counsel s motion to withdraw is GRANTED. AFFIRMED; REMANDED to correct the judgment. 2 11-10009

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