NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 27 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 15-50378
Plaintiff - Appellee, D.C. No. 3:15-cr-01068-H
v.
MEMORANDUM*
BLAS ROBERTO VELAZQUEZ-
MARTINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Blas Roberto Velazquez-Martinez appeals from the district court’s judgment
and challenges the 60-month sentence imposed following his guilty-plea
conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952
*
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).
and 960. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand
for resentencing.
Velazquez-Martinez argues 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
Velazquez-Martinez was sentenced, the United States Sentencing Commission
issued Amendment 794 (“the Amendment”), which amended the commentary to
the minor role Guideline. The Amendment is retroactive to cases on direct appeal.
See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016).
Among other things, 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). We cannot determine from
the record whether the district court considered all of those factors in determining
whether Velazquez-Martinez was entitled to a minor role adjustment.1 Therefore,
we remand for the district court to resentence Velazquez-Martinez with the benefit
of newly amended § 3B1.2. See Quintero-Leyva, 823 F.3d at 523-24.
VACATED and REMANDED for resentencing.
1
We also note that Velazquez-Martinez argues the district court failed to
make a comparative analysis between him and the other alleged participants in the
offense. See United States v. Rojas-Millan, 234 F.3d 464, 473-74 (9th Cir. 2000).
2 15-50378