USA V. JORGE BETANCOURT MENDOZA, No. 12-30289 (9th Cir. 2014)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 11 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-30289 D.C. No. 2:12-cr-06012-EFS v. MEMORANDUM* JORGE ARMANDO BETANCOURT MENDOZA, a.k.a. Jorge Mendoza Mendoza, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding Submitted April 7, 2014** Before: TASHIMA, GRABER, and IKUTA, Circuit Judges. Jorge Armando Betancourt Mendoza appeals from the district court s judgment and challenges the 84-month sentence imposed following his guilty-plea conviction for conspiracy and aiding and abetting, in violation of 21 U.S.C. §§ 371 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). & 2; and possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing. Betancourt Mendoza contends that the government erred by failing to move for a third-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b). Effective November 1, 2013, section 3E1.1 was amended to clarify that [t]he government should not withhold [a motion for reduction for acceptance of responsibility] based on interests not identified in § 3E1.1, such as whether the defendant agrees to waive his or her right to appeal. U.S.S.G. § 3E1.1 cmt. n.6. The government concedes, and we agree, that Betancourt Mendoza is entitled to a new sentencing hearing in light of this amendment. See United States v. CabreraGutierrez, No. 12-30233, 2014 WL 998173, at *1 n.1 (9th Cir. Mar. 17, 2014). Accordingly, we vacate Betancourt Mendoza s sentence and remand for resentencing. In light of this disposition, we decline to reach Betancourt Mendoza s other claims of sentencing error. VACATED and REMANDED for resentencing. 2 12-30289
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