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United States v. Miguel Garcia-Aguilar

Court of Appeals for the Ninth Circuit · 15-50336 · 2016-12-19 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel GARCIA-AGUILAR, Defendant-Appellant

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
William Q. Hayes (district judge)
Outcome
vacated — VACATED and REMANDED for resentencing.
Area
criminal
Panel
William T. Wallace (author), Raymond C. Fisher, Edward Leavy

Analysis

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Opinion

FILED NOT FOR PUBLICATION DEC 19 2016

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 15-50336 Plaintiff-Appellee, D.C. No. 3:15-cr-01034-WQH v. MEMORANDUM* MIGUEL ANGEL GARCIA-AGUILAR, Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

Miguel Angel Garcia-Aguilar appeals from the district court’s judgment and 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.

* 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). Garcia-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 Garcia- 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 district 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 resentencing.

2 15-50336

Cites, in this corpus