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60 F. App'x 677

United States v. Abascal

U.S. Courts of Appeals

Decided March 19, 2003

U.S. Courts of Appeals · decided 2003-03-19

Applies 8 U.S.C. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Anders v. California · Penson v. Ohio · United States of America v. Pablo Rivera-Sanchez

Decided 2003-03-19

¶1MEMORANDUM…

¶2Maria Mercardo Abascal appeals her conviction by guilty plea and sentence for being an illegal alien found in the United States following deportation and conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). Abascal’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and a motion to withdraw based on counsel’s failure to discover arguable issues for review. Abascal did not file a pro se supplemental brief. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable issues. We therefore GRANT counsel’s motion to withdraw and AFFIRM the district court’s judgment.

¶3We REMAND for the district court to correct the judgment to exclude the reference to 8 U.S.C. § 1326(b)(2), consistent with United States v. Rivera-Sanchez, 222 F.3d 1057 (9th Cir.2000). See United States v. Herrera-Bianco, 232 F.3d 715, 719 (9th Cir.2000) (remanding sua sponte to delete the reference to § 1326(b)).

¶4 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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