United States v. Salvador Nieto-Gonzalez

MEMORANDUM

Salvador Nieto-Gonzalez appeals from the district court’s judgment and challenges his guilty-plea conviction and 57-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), Nieto-Gonzalez’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 Nie- to-Gonzalez 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 that following the change of plea hearing, the magistrate judge did not submit findings and recommendations, and the district court did not accept Nieto-Gonza-lez’s guilty plea. See 28 U.S.C. § 636 (b)(1)(C); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.2003) (en banc). Accordingly, we vacate the judgment of conviction and remand to the district court for further proceedings consistent with this disposition.

Counsel’s motion to withdraw is GRANTED. All…