United States v. Martin Garcia-Gonzalez ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 18-30098
Plaintiff-Appellee, D.C. No. 2:17-cr-00286-JLR
v.
MEMORANDUM*
MARTIN GARCIA-GONZALEZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
Martin Garcia-Gonzalez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 20-month sentence for illegal reentry
after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Garcia-Gonzalez’s counsel has filed a brief
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. We have provided Garcia-Gonzalez the opportunity to file a pro
se supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Garcia-Gonzalez waived his right to appeal his conviction and sentence.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
We decline to address on direct appeal Garcia-Gonzalez’s claim of
ineffective assistance of counsel. See United States v. Rahman, 642 F.3d 1257,
1259-60 (9th Cir. 2011).
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 to correct
the judgment to exclude the reference to 8 U.S.C. § 1326(b)(1). See United States
v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to
delete from judgment reference to section 1326(b)).
Counsel’s motion to withdraw is GRANTED.
DISMISSED; REMANDED to correct the judgment.
2 18-30098