NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10537
Plaintiff-Appellee, D.C. No. 4:13-cr-01844-JGZ
v.
MEMORANDUM*
MARIO GONZALEZ, a.k.a. Payaso,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted November 16, 2016**
Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
Mario Gonzalez appeals from the district court’s order denying his motion
for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under
28 U.S.C. § 1291, and we vacate and remand.
Gonzalez contends that the district court failed to explain adequately its
*
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).
denial of his motion for a sentence reduction under Amendment 782 to the
Sentencing Guidelines. We agree. The district court’s order does not address or
explain its rejection of the arguments presented in the parties’ joint stipulation for a
reduction of sentence. Accordingly, we vacate and remand. See United States v.
Trujillo, 713 F.3d 1003, 1009-10 (9th Cir. 2013) (district court must provide some
explanation for rejecting a defendant’s non-frivolous arguments).
VACATED and REMANDED.
2 15-10537