United States v. Manuel Nevarez-Cajigas

470 F. App'x 666

Opinion

MEMORANDUM **

Manuel Osman Nevarez-Cajigas appeals from the 13-month-and-one-day sentence imposed following his guilty-plea conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand for resentencing.

Nevarez-Cajigas contends that the district court procedurally erred by failing to calculate the applicable Sentencing Guidelines range at the outset of the sentencing hearing, and by imposing a “standard” sentence rather than one based upon the 18 U.S.C. § 3553(a) sentencing factors. We conclude that the district court procedurally erred by failing to calculate the Guidelines range, and by failing adequately to consider the § 3553(a) factors. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

Nevarez-Cajigas’ motion to file an untimely reply brief is granted.

REVERSED AND REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.