United States v. Carlos Polino

463 F. App'x 688

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 23, 2011
• Docket: 10-10578
• Status: Unpublished

Opinion

MEMORANDUM **

Carlos Alberto Polino appeals from his guilty-plea conviction and 57-month sen tence imposed for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Polino’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 Polino the opportunity to file a pro se supplemental brief. A pro se supplemental brief has been filed. No answering brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

We remand the case to the district court with instructions that it strike the supervised release special condition which prohibits Polino from possessing a firearm or any other dangerous weapon because this condition was included in the written judgment but not imposed at sentencing. See United States v. Napier, 463 F.3d 1040, 1042 (9th Cir.2006); see also United States v. Hicks, 997 F.2d 594, 597 (9th Cir.1993).

Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

AFFIRMED; REMANDED to correct the judgment.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.