U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Villanueva-Machado

U.S. Court of Appeals for the Ninth Circuit · Decided March 10, 2008

269 F. App'x 647

Counsel

Christopher A. Ott, Anna Lou T. Tirol, Roger W. Haines, Jr., Office of the U.S. Attorney, San Diego, CA, for PlaintiffAppellee., Timothy R. Garrison, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Opinion of the Court

MEMORANDUM **

Juan Villanueva-Machado appeals from the ten-month sentence imposed following revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate the sentence and remand.

The record does not show that the district court considered the relevant factors contained in 18 U.S.C. § 3553(a) when sentencing Villanueva-Machado. See United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir. 2006) (requiring a showing that the district court considered the statutorily-designated factors in imposing a sentence).

Because we vacate and remand on this ground, we need not address Villanueva-Machado’s remaining contentions.

VACATED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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