NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 03 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 15-50097
Plaintiff-Appellee, D.C. No. 3:13-cr-04033-AJB
v.
MEMORANDUM*
PEDRO PARRA SANCHEZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
Pedro Parra Sanchez appeals from the district court’s judgment and
challenges the 46-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, and we vacate and remand.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Parra Sanchez contends 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 Parra Sanchez
was sentenced, the United States Sentencing Commission issued Amendment 794
(“the Amendment”), which amended the commentary to the minor role Guidelines.
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 clarified that, in assessing whether a defendant should
receive a minor role adjustment, the court should compare him to other participants
in the crime, rather than a hypothetical average participant. See U.S.S.G. App. C.
Amend. 794; Quintero-Leyva, 823 F.3d at 523. Additionally, 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 definitively determine from the record whether the district
court followed the guidance of the Amendment’s clarifying language and
considered all of the now-relevant factors, we vacate Parra Sanchez’s sentence and
remand for resentencing. See Quintero-Leyva, 823 F.3d at 523-24.
On remand, we instruct the district court to correct the judgment to reflect a
conviction for importation of methamphetamine, rather than importation of cocaine
and methamphetamine.
VACATED and REMANDED for resentencing.
2 15-50097