Opinion
No. 15-10537
11-21-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MARIO GONZALEZ, a.k.a. Payaso, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 4:13-cr-01844-JGZ MEMORANDUM Appeal from the United States District Court for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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 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.