USA V. RAPHAEL CARRASCO, No. 13-50423 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION DEC 16 2014 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50423 D.C. No. 2:12-cr-00730-ODW v. MEMORANDUM* RAPHAEL CARRASCO, a.k.a. Rafael Carrasco, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Otis D. Wright, II, District Judge, Presiding Submitted December 9, 2014** Before: WALLACE, LEAVY, and BYBEE, Circuit Judges. Raphael Carrasco appeals from the district court’s judgment and challenges the 135-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Carrasco’s counsel has filed * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). a brief stating that there are no grounds for relief and has moved to withdraw as counsel of record. We have provided Carrasco 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; therefore, we affirm the sentence. The record reflects that Carrasco pleaded guilty only to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846. Accordingly, we remand the case to the district court with instructions that it delete from the judgment the reference to heroin. Counsel’s motion to withdraw is GRANTED. AFFIRMED; REMANDED for correction of the judgment. 2 13-50423

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