United States v. Bauer

MEMORANDUM ** Lawrence Joe Bauer appeals his jury-trial conviction and sentence of 106 months for sexual abuse, in violation of 21 U.S.C. §§ 1153 and 2242(2)(B). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Bauer has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Bauer 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), because Bauer was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory. See United States v. Moreno-Hernandez, 419 F.3d 906, 916 (9th Cir.2005). Counsel’s motion to withdraw as counsel on appeal is denied. The conviction is AFFIRMED, and the sentence is REMANDED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.