United States v. Alberto Cortez-Sanchez

MEMORANDUM

Alberto Cortez-Sanchez appeals from the district court’s judgment and challenges his guilty-plea conviction and 24-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), Cortez-Sanchez’s counsel has filed a brief stating that there are no grounds for re lief, along with a motion to withdraw as counsel of record. We have provided Cortez-Sanehez 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 Cortez-Sanchez’s conviction and custodial sentence. However, before Cortez-Sanchez was sentenced, the Guidelines were amended to recommend against the imposition of supervised release in cases where the defendant is likely to be deported after imprisonment. See U.S.S.G. § 501.1(c) & cmt. n. 5 (2011). Because the record suggests that the district court did not consider section 5Dl.l(e) when it imposed supervised release…