Opinion
No. 15-50418
11-03-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. YUBEL KARELY RODRIGUEZ-BELTRAN, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 3:15-cr-01087-LAB MEMORANDUM Appeal from the United States District Court for the Southern District of California
Larry A. Burns, District Judge, Presiding Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Yubel Karely Rodriguez-Beltran appeals from the district court's judgment and challenges the 60-month sentence imposed following her 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 for resentencing.
Rodriguez-Beltran argues that the district court erred in denying a minor role reduction to her base offense level under U.S.S.G. § 3B1.2(b). After Rodriguez-Beltran 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 pending 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). Because we cannot determine from the record whether the district court considered all of those factors in determining whether Rodriguez-Beltran was entitled to a minor role adjustment, we vacate Rodriguez-Beltran's sentence and remand for resentencing under the Amendment. See Quintero-Leyva, 823 F.3d at 523-24.
VACATED and REMANDED for resentencing.