United States v. Quintero-Levya, No. 14-50509 (9th Cir. 2016)
Annotate this CaseDefendant appealed the denial of a minor role reduction at sentencing pursuant to U.S.S.G. 3B1.2(b) after pleading guilty to importation of methamphetamine. About a year after defendant was sentenced, the Sentencing Commission issued Amendment 794, which amended the commentary to U.S.S.G. 3B1.2. The court held that the Amendment resolves a circuit split and the language of the Amendment indicates that the Commission intended it to be a clarifying amendment. Therefore, the court held that the Amendment applied retroactively in direct appeals. Because the record is unclear as to whether the district court considered all the factors identified in Amendment 794, the court reversed and remanded with directions for the district court to resentence defendant under the newly amended section 3B1.2. On remand, the district court should consider the factors identified in Amendment 794.
Court Description: Criminal Law. Reversing the district court and remanding for resentencing in a case in which the defendant pleaded guilty to importation of methamphetamine, the panel held that a November 2015 amendment to the commentary to U.S.S.G. § 3B1.2 (minor role) applies retroactively in direct appeals. The panel observed that Amendment 794 resolves a circuit split and was intended as a clarifying amendment. Because the record is unclear as to whether the district court considered all the factors now listed in § 3B1.2, which the Amendment makes clear should all be considered, the panel remanded for resentencing with the benefit of the newly amended guideline.
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