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NOT FOR PUBLICATION MAR 13 2014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