United States v. Sergio Rodriguez-Dominguez

671 F. App'x 597

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 19, 2016
• Docket: 15-50383
• Status: Unpublished

Opinion

MEMORANDUM **

Sergio Rodriguez-Dominguez appeals from the district court’s judgment and challenges the 40-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,

Rodriguez-Dominguez 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 Rodriguez-Dorainguez 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 Rodriguez-Dominguez’s sentence and remand for resentencing. See Quintero-Leyva, 823 F.3d at 523-24.

VACATED and REMANDED for re-sentencing.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.