United States v. Juan Sanchez-Carrillo , 588 F. App'x 571 ( 2014 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            DEC 12 2014
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 13-50310
    Plaintiff - Appellee,             D.C. No. 3:13-cr-00270-LAB
    v.
    MEMORANDUM*
    JUAN CARLOS SANCHEZ-CARRILLO,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Southern District of California
    Larry A. Burns, District Judge, Presiding
    Submitted December 9, 2014**
    Before:        WALLACE, LEAVY, and BYBEE, Circuit Judges.
    Juan Carlos Sanchez-Carrillo appeals from the district court’s judgment and
    challenges the 70-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 for
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    resentencing.
    Sanchez-Carrillo contends that in imposing sentence, the district court relied
    on a clearly erroneous finding that he had previously smuggled 10 pounds of
    methamphetamine. At sentencing, the court acknowledged that there was no proof
    regarding either the type or the quantity of drugs involved in the prior incident.
    Nevertheless, the court presumed that the prior incident involved 10 pounds of
    methamphetamine. Because the record suggests that this presumption affected the
    court’s choice of sentence, we vacate and remand for resentencing. See United
    States v. Pineda-Doval, 
    692 F.3d 942
    , 944 (9th Cir. 2012) (a factual finding is
    clearly erroneous if it is without support in inferences that may be drawn from the
    record); United States v. Carty, 
    520 F.3d 984
    , 993 (9th Cir. 2008) (en banc)
    (procedural error for a district court to choose a sentence based on clearly
    erroneous facts).
    In light of this disposition, we decline to reach Sanchez-Carrillo’s other
    claims of sentencing error.
    VACATED and REMANDED for resentencing.
    2                                    13-50310
    

Document Info

Docket Number: 13-50310

Citation Numbers: 588 F. App'x 571

Filed Date: 12/12/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023