
    UNITED STATES of America, Plaintiff—Appellee, v. Jesus HERRERA-GARCIA, Defendant—Appellant.
    No. 06-50556.
    United States Court of Appeals, Ninth Circuit.
    Submitted June 5, 2007.
    
    Filed June 14, 2007.
    
      Becky S. Walker, Esq., Abigail W. Evans, Esq., USLA-Office of the U.S. Attorney, Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.
    David R. Reed, Esq., Law Office of David R. Reed, Los Angeles, CA, for Defendant-Appellant.
    Before: LEAYY, RYMER, and T.G. NELSON, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Jesus Herrera-Garcia appeals from his guilty-plea conviction and 40-month sentence imposed for being an illegal alien found in the United States following deportation and conviction, 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), counsel for Herrera-Garcia has filed a brief stating, there are no grounds for relief, and a motion to withdraw as counsel of record. No pro se or government brief has been filed.

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 grounds for relief on direct appeal. Accordingly, we grant counsel’s motion to withdraw and affirm the district court’s judgment.

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 § 1326(b)(2). 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. 
      
       This disposition is not appropriate for publication and is- not precedent except as provided by 9th Cir. R. 36-3.
     