Barraza-Felix
United States v. Barraza-Felix
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated appeals, Juan Manuel Barraza-Felix appeals his jury-trial conviction and 77-month sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a), as well as the revocation of his supervised release and the 12-month sentence imposed upon revocation.
Pursuant to Anders v, California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Barraza-Felix has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Barraza-Felix 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).
In appeal No. 03-10250, we affirm the conviction. Because Barraza-Felix was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materi *273 ally different had the district court known that the Guidelines were advisory, we remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). See United…