FILED
NOT FOR PUBLICATION APR 11 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50167
Plaintiff - Appellee, D.C. No. 2:08-cr-01234
v.
MEMORANDUM *
NICHOLAS MYLES GARCIA,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Nicholas Myles Garcia appeals from the 51-month sentence imposed
following his guilty-plea conviction for conspiracy and subscribing to a false tax
return, in violation of 18 U.S.C. § 371 and 26 U.S.C. § 7206(1). We have
jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Garcia contends that the case must be remanded for resentencing because the
district court provided no explanation whatsoever for the sentence imposed. The
government concurs in the request, conceding that the district court did not provide
an adequate explanation of its sentencing decision. Based on our review of the
record, we agree that the district court plainly erred by failing to discuss any of the
applicable sentencing factors, explain how it resolved the parties’ dispute with
respect to the Guidelines calculations, or address Garcia’s request for a sentence
below the Guidelines range. See United States v. Carty, 520 F.3d 984, 993 (9th
Cir. 2008) (en banc); see also United States v. Waknine, 543 F.3d 546, 554-55 (9th
Cir. 2008).
In light of the remand, we decline to address the remaining issues raised in
Garcia’s opening brief.
SENTENCE VACATED and REMANDED for RESENTENCING.
2 10-50167