United States v. Uriel Torres-Cisneros

MEMORANDUM

Uriel Rodolfo Torres-Cisneros appeals from the district court’s judgment and challenges his guilty-plea conviction and 30-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), Torres-Cisneros’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 Torres-Cisneros 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 as to Torres-Cisneros’s conviction, and we affirm his conviction.

With respect to Torres-Cisneros’s sentence, we vacate and remand for resen-tencing on an open record. Torres-Cisneros received an eight-level sentencing enhancement under U.S.S.G. § 2L1.2(b)(l)(C) for a prior burglary conviction although the probation officer was unable to confirm the specific statute under which Torres-Cisneros was convicted, and the…