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United States v. Morales-Noriega
Citation: 18 F. App'x 666Docket: No. 99-1028; D.C. No. CR-98-01441-JMR
Court: Court of Appeals for the Ninth Circuit; September 19, 2001; Federal Appellate Court
Pedro Morales-Noriega appeals his conviction for reentry after deportation following an aggravated felony, violating 8 U.S.C. § 1326(a) and (b)(2). His attorney filed a motion to withdraw and an Anders brief, indicating no viable issues for appeal. After reviewing the brief and the record, the court found no issues warranting review, thus granting the attorney's motion to withdraw. The court remands the case to the district court to amend the judgment to reflect a conviction solely under 8 U.S.C. § 1326(a), excluding the reference to § 1326(b)(2), in line with precedent set in United States v. Herrera-Blanco. The decision is affirmed in part and remanded in part. The ruling is not intended for publication and cannot be cited except as allowed by Ninth Circuit Rule 36-3.