MEMORANDUM Rafael Gamarro-Ramirez appeals from the conviction and 46-month sentence imposed following his guilty plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gamarro-Ramirez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se 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. 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-Bianco, 232 F.3d 715, 719 (9th Cir.2000) (remanding sua sponte to delete the reference to § 1326(b)).
Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED, and the case is REMANDED with instructions to correct the judgment. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3. . Appellant's motion to file a late opening brief is granted, and the brief received on April 15, 2010, is deemed filed.