United States v. Ronaldo Mendez-Martinez
Opinion
Opinion
MEMORANDUM
Ronaldo Adolfo Mendez-Martinez appeals from his guilty-plea conviction and the 52-month sentence for illegal re-entry 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), Mendez-Martinez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
In light of this court’s recent decision in Reina-Rodriguez v. United States, 645 F.3d 1129 , 2011 WL 2465462 (9th Cir. June 22, 2011), we remand to the district court so that, using judicially noticeable documents, the district court can apply a modified categorical approach in determining whether Mendez^-Martinez was necessarily convicted of or pleaded guilty to a drug trafficking offense with respect to his conviction under Ariz.Rev.Stat. § 13-3405. Shepard v. United States, 544 U.S. 13, 16 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005); Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990).