USA V. CANDELARIO GONZALEZ-GARCIA, No. 14-50250 (9th Cir. 2016)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 25, 2015.
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FILED AUG 25 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 14-50250 D.C. No. 3:14-cr-00021-LAB v. MEMORANDUM* CANDELARIO GONZALEZ-GARCIA, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted June 22, 2015** Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges. Candelario Gonzalez-Garcia appeals from the district court’s judgment and challenges the 78-month sentence imposed following his guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We * 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). have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing. Gonzalez-Garcia 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 GonzalezGarcia 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). Among other things, 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 those factors in determining whether Gonzalez-Garcia was entitled to a minor role adjustment, we vacate Gonzalez-Garcia’s sentence and remand for resentencing under the Amendment. See Quintero-Leyva, 823 F.3d at 523-24. VACATED and REMANDED for resentencing. 2 14-50250
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