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U.S. v. Campos-Lopez

United States Court of Appeals, Ninth Circuit
Jun 19, 2002
38 F. App'x 476 (9th Cir. 2002)

Opinion


38 Fed.Appx. 476 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Roberto CAMPOS-LOPEZ, Defendant--Appellant. No. 01-50359. D.C. No. CR-97-00954-RMT. United States Court of Appeals, Ninth Circuit. June 19, 2002

Submitted June 10, 2002.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California Robert M. Takasugi, District Judge, Presiding.

Before RYMER, T.G. NELSON and THOMAS, Circuit Judges.

MEMORANDUM

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

Roberto Campos-Lopez appeals his conviction, pursuant to a guilty plea, and sentence for illegal reentry after deportation in violation of 8 U.S. C.§ 1326(a) and 1326(b)(2).

Campos-Lopez'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 has moved to withdraw as counsel of record. Campos-Lopez did not file a pro se supplemental brief. Because 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), reveals no arguable issues, we grant counsel's motion to withdraw, and affirm the sentence.

We REMAND to the district court with directions to correct the judgment of conviction 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); United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir.2000).

AFFIRMED.


Summaries of

U.S. v. Campos-Lopez

United States Court of Appeals, Ninth Circuit
Jun 19, 2002
38 F. App'x 476 (9th Cir. 2002)
Case details for

U.S. v. Campos-Lopez

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Roberto CAMPOS-LOPEZ…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 19, 2002

Citations

38 F. App'x 476 (9th Cir. 2002)