United States v. Pinon-Ayon

U.S. Court of Appeals for the Tenth Circuit
United States v. Pinon-Ayon, 392 F. App'x 648 (10th Cir. 2010)

United States v. Pinon-Ayon

Opinion

ORDER

TIMOTHY M. TYMKOVICH, Circuit Judge.

Gilberto Pinon-Ayon was convicted of conspiracy to distribute methamphetamine and appealed the district court’s decision to enhance his sentence. The United States of America has filed an unopposed motion to vacate the defendant’s sentence and remand to the district court for a new sentencing hearing.

Having jurisdiction pursuant to 28 U.S.C. § 1291, we GRANT the motion. We agree the district court should review the evidence and make specific and independent findings to justify an obstruction of justice enhancement pursuant to USSG § 3C1.1. See United States v. Mares, 441 F.3d 1152, 1160-61 (10th Cir. 2006); United States v. Markum, 4 F.3d 891, 897 (10th Cir. 1993). We therefore VACATE Pinon-Ayon’s sentence and REMAND to the district court for a new sentencing hearing. Because we are vacating Pinon-Ayoris sentence, we do not address his arguments regarding whether the district court erred in including additional methamphetamine in calculating his relevant conduct.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Gilberto PINON-AYON, Defendant-Appellant
Status
Unpublished