United States v. Yadira Ruiz-Burandt

U.S. Court of Appeals for the Ninth Circuit
United States v. Yadira Ruiz-Burandt, 671 F. App'x 593 (9th Cir. 2016)
Wallace, Leavy, Fisher

United States v. Yadira Ruiz-Burandt

Opinion

MEMORANDUM **

Yadira Elizabeth Ruiz-Burandt appeals from the district court’s judgment and *594 challenges the 75-month sentence imposed following her guilty plea conviction for importation of cocaine and methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291. We vacate and remand for resen-tencing.

Ruiz-Burandt 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 Ruiz-Burandt 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 added a non-exhaustive list of factors that a court “should consider” in determining whether to apply a minor role reduction. <S'ee U.S.S.G. § 3B1.2 cmt. n.3(C) (2015). Because we cannot determine from the record whether the district court considered all of the now-relevant factors, we vacate Ruiz-Burandt’s sentence and remand for resentencing. See Quintero-Leyva, 823 F.3d at 523-24.

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. Yadira Elizabeth RUIZ-BURANDT, Defendant-Appellant
Status
Unpublished