Ortiz-Gonzales

MEMORANDUM **

Jose Ortiz-Gonzales appeals his guilty-plea conviction and 51-month sentence imposed for illegal re-entry into the United States following deportation and fraud and misuse of entry documents, in violation of 8 U.S.C. § 1326 (a) and 18 U.S.C. § 1546 .

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Ortiz-Gonzales has filed a brief and a motion to withdraw as counsel of record, stating there are no grounds *320 for relief. Ortiz-Gonzales has 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. 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 States v. Moreno-Hemandez, 419 F.3d 906, 916 (9th Cir.2005) (concluding that a limited remand is warranted in all pending direct appeals involving unpreserved United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), errors, whether constitutional or nonconstitutional).

Counsel’s motion to withdraw as counsel on…