USA V. YADIRA RUIZ-BURANDT, No. 15-50149 (9th Cir. 2016)

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FILED DEC 19 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 15-50149 D.C. No. 3:14-cr-03553-LAB v. MEMORANDUM* YADIRA ELIZABETH RUIZBURANDT, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges. Yadira Elizabeth Ruiz-Burandt appeals from the district court’s judgment and challenges the 75-month sentence imposed following her guilty plea conviction for importation of cocaine and methamphetamine, in violation of 21 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291. We vacate and remand for resentencing. 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. See 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 resentencing. 2 15-50149

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