United States v. Jonathan Flores-Reyes

MEMORANDUM

Jonathan Flores-Reyes appeals from the district court’s judgment and challenges his guilty-plea conviction and 77-month sentence for reentry after deportation, 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), Flores-Reyes’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 Flores-Reyes 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 issue as to Flores-Reyes’s conviction. However, the district court imposed a 16-level enhancement based on its conclusion that Flores-Reyes’s prior conviction under California Health and Safety Code § 11351 was categorically a drug trafficking offense under U.S.S.G. § 2L1.2(b)(1)(A)(i). After sentencing, this court held that section 11351 is not categorically a drug trafficking offense. See United States v. Leal-Vega, 680 F.3d 1160, 1167 (9th Cir.2012), cert. denied,…