United States v. Javier Solis

619 F. App'x 646

Opinion

MEMORANDUM **

. Javier Solis appeals from the district court’s judgment and challenges his conviction and 71-month sentence for illegal reentry after deportation, 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), Solis’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel. We have provided Solis the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Solis waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal his sentence, with the exception of the court’s calculation of his criminal history . category. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 76, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief as to the voluntariness of Solis’s plea or the criminal history category calculated by the court. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waivers. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.2009).

' 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 reference to 8 U.S.C. § 1326(b)(2). We also instruct the district court to change the name and case number on pages 2 through 5 of the judgment to reflect the accurate name and case number.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part; 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.