United States v. Miguel Garcia-Aguilar
Opinion
MEMORANDUM **
Miguel Angel Garcia-Aguilar appeals from the district court’s judgment and *597 challenges the 48-month sentence imposed following his 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. We vacate and remand for resentencing.
Gareia-Aguilar argues that the district court erred in denying a minor role reduction to his base offense level under U.S.S.G. § 3B1.2(b). After Gareia-Aguilar 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. See U.S.S.G. § 3B1.2 cmt. n.3(C) (2015). Because we cannot determine from the record whether the distinct court considered all of the now-relevant factors, we vacate Garcia-Aguilar’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. Miguel Angel GARCIA-AGUILAR, Defendant-Appellant
- Status
- Unpublished