United States v. Gonzales

MEMORANDUM **

Gabino Gonzales appeals his guilty-plea conviction and 86-month sentence for illegal re-entry into the United States 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), counsel for Gonzales has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Gonzales has not filed a pro se supplemental brief.

We have conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988). We affirm the conviction. Gonzales’ sentence was imposed at a time when the Sentencing Guidelines were mandatory. Because the Guidelines are now purely advisory, see United States v. Booker, — U.S. —, —, 125 S.Ct. 738, 764-67 , 160 L.Ed.2d 621 (2005), we remand so the district court can determine if Gonzales should receive a different sentence under the advisory Guidelines system. See United States v. Hermoso-Garcia, No. 04-30196, 2005 WL 157907 at *3 (9th Cir. July 7, 2005).

Counsel’s motion to withdraw as counsel on appeal is denied.

The conviction is AFFIRMED, and the sentence is…