FILED

NOT FOR PUBLICATION MAR 05 2012

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. 11-10375

Plaintiff - Appellee, D.C. No. 4:11-cr-00565-CKJ v.

MEMORANDUM * MANUEL OSMAN NEVAREZ- CAJIGAS,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Ronald S.W. Lew,** District Judge, Presiding

Submitted February 21, 2012 *** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Manuel Osman Nevarez-Cajigas appeals from the 13-month-and-one-day

*

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

** The Honorable Ronald S.W. Lew, District Judge for the U.S. District Court for the Central District of California, sitting by designation.

***

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). sentence imposed following his guilty-plea conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand for resentencing.

Nevarez-Cajigas contends that the district court procedurally erred by failing to calculate the applicable Sentencing Guidelines range at the outset of the sentencing hearing, and by imposing a “standard” sentence rather than one based upon the 18 U.S.C. § 3553(a) sentencing factors. We conclude that the district court procedurally erred by failing to calculate the Guidelines range, and by failing adequately to consider the § 3553(a) factors. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).

Nevarez-Cajigas’ motion to file an untimely reply brief is granted.

REVERSED AND REMANDED.

2 11-10375