FILED
NOT FOR PUBLICATION JUL 18 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10306
Plaintiff - Appellee, D.C. No. 2:10-cr-00339-PGR
v.
MEMORANDUM *
RONALDO ADOLFO MENDEZ-
MARTINEZ, a.k.a. Carlos Alberto
Gutierrez, a.k.a. Felipe Lopez, a.k.a.
Phillip S. Lopez, a.k.a. Ronald Adolfo
Mendez-Martinez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Paul G. Rosenblatt, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Ronaldo Adolfo Mendez-Martinez appeals from his guilty-plea conviction
and the 52-month sentence for illegal re-entry after deportation, in violation of 8
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Mendez-
Martinez’s counsel has filed a brief stating there are no grounds for relief, along
with a motion to withdraw as counsel of record. We have provided the appellant
with the opportunity to file a pro se supplemental brief. No pro se supplemental
brief or answering brief has been filed.
In light of this court’s recent decision in Reina-Rodriguez v. United States, --
F.3d --, 2011 WL 2465462 (June 22, 2011), we remand to the district court so that,
using judicially noticeable documents, the district court can apply a modified
categorical approach in determining whether Mendez-Martinez was necessarily
convicted of or pleaded guilty to a drug trafficking offense with respect to his
conviction under Ariz. Rev. Stat. § 13-3405. Shepard v. United States, 544 U.S.
13, 16 (2005); Taylor v. United States, 495 U.S. 575, 602 (1990).
The motion of Alex D. Gonzalez, 2300 W. Ray Road, Suite 1, Chandler, AZ
85224, to withdraw as counsel is GRANTED. The district court is instructed to
appoint new counsel.
VACATED and REMANDED.
2 10-10306