Opinion
No. 16-50293
04-13-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BRUCE R. SANDS, Jr., Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:13-cr-00489-GW MEMORANDUM Appeal from the United States District Court for the Central District of California
George H. Wu, District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Bruce R. Sands, Jr., appeals from the district court's judgment and challenges his guilty-plea convictions and 135-month aggregate sentence for mail fraud, in violation of 18 U.S.C. § 1341; wire fraud, in violation of 18 U.S.C. § 1343; and transactional money laundering, in violation of 18 U.S.C. § 1957. Pursuant to Anders v. California, 386 U.S. 738 (1967), Sands's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Sands 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 (1988), discloses no arguable grounds for relief on direct appeal. However, we remand the case to the district court with instructions that it strike special condition of supervised release number four on page two of the judgment because this condition was not imposed orally at sentencing. See United States v. Napier, 463 F.3d 1040, 1042 (9th Cir. 2006).
Counsel's motion to withdraw is GRANTED.
AFFIRMED; REMANDED to correct the judgment.