United States v. Norma Barrancas-Sanchez
Opinion
MEMORANDUM **
Norma Margarita Barrancas-Sanchez appeals from the district court’s judgment and challenges the 68-month sentence imposed following her guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentenc-ing.
Barrancas-Sanchez argues that the district court erred in denying a minor role reduction to her base offense level under U.S.S.G. § 3B1.2(b). After Barrancas-San-chez was sentenced, the United States Sentencing Commission issued Amendment 794 (“the Amendment”), which amended the commentary to the minor role Guideline. The Amendment is retroactive to cases pending -on direct appeal. See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016).
The Amendment clarified that, in assessing whether a defendant should receive a minor role adjustment, the court should compare her to the other participants in the crime, rather than to a hypothetical average participant. See U.S.S.G. App. C. Amend. 794; Quintero-Leyva, 823 F.3d at 523. In addition, the Amendment clarified that “[t]he fact that a defendant performs an essential or indispensable role in the criminal activity is not determinative.” U.S.S.G. § 3B1.2 cmt. n.3(C) (2015). Finally, the Amendment added a non-exhaustive list of factors that a court “should consider” in determining whether to apply a minor role reduction. See id. Because we cannot determine from the record whether the district court followed the guidance of the Amendment’s clarifying language and considered all of the now-relevant factors, we vacate Barrancas-Sanchez’s sentence and remand for resentencing under the Amendment. See Quintero-Leyva, 823 F.3d at 523-24.
In light of this disposition, we do not reach Barrancas-Sanchez’s claim that her sentence is substantively unreasonable.
VACATED and REMANDED for re-sentencing.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Norma Margarita BARRANCAS-SANCHEZ, A.K.A. Norma M. Barrancas-Sanchez, Defendant-Appellant
- Status
- Unpublished