UNITED STATES v. SANDS (2018)

MEMORANDUM **

Bruce R. Sands, Jr., appeals from the district court’s judgment and challenges his guilty-plea convictions and 135-month aggregate sentence for mail fraud, in violation of 18 U.S.C. § 1341; wire fraud, in violation of 18 U.S.C. § 1343; and transactional money laundering, in violation of 18 U.S.C. § 1957. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Sands’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 Sands 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. However, we remand the case to the district court with instructions that it strike special condition of supervised release number four on page two of the judgment because this condition was not imposed orally at sentencing. See United States v. Napier, 463 F.3d 1040, 1042 (9th Cir. 2006).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED; REMANDED to correct the judgment.