United States v. Nubia Bastidas-Castillo

U.S. Court of Appeals for the Ninth Circuit
United States v. Nubia Bastidas-Castillo, 670 F. App'x 458 (9th Cir. 2016)

United States v. Nubia Bastidas-Castillo

Opinion

MEMORANDUM **

Nubia Carolina Bastidas-Castillo appeals from the district court’s judgment and challenges the 50-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.

Bastidas-Castillo argues that the distinct court erred in denying a minor role reduction to her base offense level under U.S.S.G. § 3B1.2(b). After Bastidas-Castillo 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 Bastidas-Castillo’s sentence and remand for resentencing under the Amendment. See Quintero-Leyva, 823 F.3d at 523-24.

yACATED 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. Nubia Carolina BASTIDAS-CASTILLO, Defendant-Appellant
Status
Unpublished