
    UNITED STATES of America, Plaintiff — Appellee, v. Agustin HERNANDEZ-GARCIA, Defendant — Appellant.
    No. 08-50040.
    United States Court of Appeals, Ninth Circuit.
    
      Submitted July 14, 2009.
    
    Filed July 28, 2009.
    William Allen Hall, Jr., Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    William R. Burgener, Law Office of William R. Burgener, San Diego, CA, for Defendant-Appellant.
    Before: SCHROEDER, THOMAS, and WARDLAW, Circuit Judges.
    
      
       Appellant’s request for oral argument is denied. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Agustín Hernandez-Garcia appeals from the 40-month sentence imposed following his guilty-plea conviction for attempted reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Hernandez-Garcia’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. He has provided a letter to the court. The government has filed an answering brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for ' relief on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

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 that it delete from the judgment the incorrect reference to 8 U.S.C. § 1326(b). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir.2000) (remanding sua sponte to delete the reference to § 1326(b)).

AFFIRMED; REMANDED to correct judgment. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
     