United States v. Mendez-Guadarrama

101 F. App'x 259

Opinion

MEMORANDUM**

Miguel Angel Mendez-Guadarrama appeals the 46-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a) — (b). We have jurisdiction pursuant to 18 U.S.C. § 3742, and we vacate and remand for resentencing. We review de novo a district court’s determination that it lacked discretion to depart from the Sentencing Guidelines. See United States v. Rodriguez-Lopez, 198 F.3d 773, 775 (9th Cir.1999).

Mendez-Guadarrama contends that the district court erred by denying his request for a four-level downward departure for substantial savings to the government because it erroneously believed it lacked discretion to grant his request absent a government plea offer. Because we cannot determine from the record whether the district court was aware it had discretion to depart absent a government plea offer, we remand for clarification on this question. See id. at 776-78; United States v. Dickey, 924 F.2d 836, 839 (9th Cir.1991).

VACATED and REMANDED.

Footnotes

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.