U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Omar Tirado-Martinez

United States v. Omar Tirado-Martinez
U.S. Court of Appeals for the Ninth Circuit · Decided June 13, 2013 · Hawkins, McKeown, Berzon
523 F. App'x 455

United States v. Omar Tirado-Martinez

Opinion

MEMORANDUM ***

Omar Antonio Tirado-Martinez appeals from the district court’s judgment and challenges the 78-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952, 960(a)(1) and (b)(l)(B)(ii); and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(ii)(II). We have jurisdiction under 28 U.S.C. § 1291, and we remand for resentencing.

Tirado-Martinez contends that the district court erred by failing to grant a role adjustment for his minor role in the offense. Because the district court failed adequately to explain why it rejected the probation officer’s recommendation for a sentence below the Guidelines range, which was based on Tirado-Martinez’s individual circumstances and his role in the offense, we remand for resentencing.

In light of this disposition, we do not reach Tirado-Martinez’s other arguments.

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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