United States v. Yadira Ruiz-Burandt , 671 F. App'x 593 ( 2016 )

FILED
NOT FOR PUBLICATION DEC 19 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50149
Plaintiff-Appellee, D.C. No. 3:14-cr-03553-LAB
v.
MEMORANDUM*
YADIRA ELIZABETH RUIZ-
BURANDT,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Yadira Elizabeth Ruiz-Burandt appeals from the district court’s judgment
and challenges the 75-month sentence imposed following her guilty plea
conviction for importation of cocaine and methamphetamine, in violation of 21
*
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).
U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291. We vacate
and remand for resentencing.
Ruiz-Burandt 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 Ruiz-Burandt
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). 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 the now-relevant factors, we vacate Ruiz-Burandt’s sentence and remand for
resentencing. See Quintero-Leyva, 823 F.3d at 523-24.
VACATED and REMANDED for resentencing.
2 15-50149