Gonzalez-Mendoza
United States v. Gonzalez-Mendoza
Opinion
Lead Opinion
ORDER and MEMORANDUM **
The petition for panel rehearing is granted. The Memorandum Disposition filed December 10, 2004, is WITHDRAWN and replaced with the following Memorandum Disposition:
Celestino Gonzalez-Mendoza appeals his conviction and 57-month sentence imposed following his guilty plea to illegal reentry following 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 Gonzalez-Mendoza has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Gonzalez-Mendoza 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. Because the Sentencing Guidelines are now advisory, we remand so the district court can determine if Gonzalez-Mendoza should receive a different sentence under the advisory Guidelines system. See United States v. Booker, — U.S. -,---, 125 S.Ct. 738, 764-67 , 160 L.Ed.2d 621 (2005); United States v. Hermoso-Garcia, 413 F.3d 1085, 1089-90 (9th Cir.2005).