Jose Luis Rodriguez appeals from the sentence imposed following his guilty plea conviction for conspiracy to possess with intent to manufacture and distribute methamphetamine. The district court imposed a within-guidelines sentence, sentencing Rodriguez to 136 months of imprisonment and five years of supervised release.

At sentencing, the Government withheld an additional one-level reduction under U.S.S.G. § 3El.l(b) for pretrial acceptance of responsibility solely because Rodriguez refused to waive his right to appeal. Rodriguez objected, thus preserving the error for appeal; the district court denied the objection and sentenced him without the one-level reduction. Now on appeal, Rodriguez renews his claim that he should have been awarded the additional one-level reduction for acceptance of responsibility pursuant to § 3El.l(b).

As we held recently in United States v. Palacios, 756 F.3d 325, 326, No. 13A0153, 2014 WL 2119096, at *1 (5th Cir. May 21, 2014), the amended version of § 3E1.1 is applicable in a case such as this. Pursuant to the amended § 3E1.1, the Government may not withhold a § 3E 1.1(b) motion because the defendant refuses to waive his right to appeal, as it did in this case. *462 Thus, there was a procedural error during Rodriguez’s sentencing. The Government has not shown that this procedural error was harmless as to the imposed sentence. See United States v. Delgado-Martinez, 564 F.3d 750, 752-58 (5th Cir. 2009). Accordingly, Rodriguez’s sentence is VACATED, and the case is REMANDED to the district court for resentencing consistent with this opinion.