United States of America v. Adan Omana Rocha, a.k.a. Adan Omana, a.k.a. Adan Rocha Omana

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ADAN OMANA ROCHA, a.k.a. Adan
Omana, a.k.a. Adan Rocha Omana,
Defendant - Appellant.
No. 13-50451
D.C. No. 8:13-cr-00023-JVS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Adan Omana Rocha appeals from the district court’s judgment and
challenges his guilty-plea conviction and 37-month sentence for being an illegal
alien found in the United States following deportation, in violation of 8 U.S.C.
FILED
MAY 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rocha’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 Rocha the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Rocha waived his right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary. He also waived the right to
appeal his sentence, with the exception of the court’s calculation of his criminal
history category. Our independent review of the record pursuant to Penson v.
Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to the
voluntariness of Rocha’s plea or the criminal history category calculated by the
court. We therefore affirm as to those issues. We dismiss the remainder of the
appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d
974, 988 (9th Cir. 2009).
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 reference to 8 U.S.C. § 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)(2)).
13-50451 2

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Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part; REMANDED to correct the
judgment.
13-50451 3

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