FILED NOT FOR PUBLICATION MAR 13 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-30079 Plaintiff - Appellee, D.C. No. 2:12-cr-06003-FVS v. MEMORANDUM* JOSE MARCOS MIRANDA-GARCIA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, District Judge, Presiding Submitted March 10, 2014** Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges. Jose Marcos Miranda-Garcia appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine, and aiding and abetting, in violation of 21 U.S.C. § 846 and 18 * 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). U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing. Miranda-Garcia contends that the district court erred by failing to grant a third-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b). Effective November 1, 2013, section 3E1.1 was amended to clarify that “[t]he government should not withhold [a motion for reduction for acceptance of responsibility] based on interests not identified in § 3E1.1, such as whether the defendant agrees to waive his or her right to appeal.” U.S.S.G. § 3E1.1 cmt. n.6. The government concedes, and we agree, that Miranda-Garcia is entitled to a new sentencing hearing. Accordingly, we vacate Miranda-Garcia’s sentence and remand for resentencing. VACATED and REMANDED for resentencing. 2 13-30079