United States v. Heather Villa

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50587
Plaintiff - Appellee, D.C. No. 3:14-cr-02474-AJB
v.
MEMORANDUM*
HEATHER VILLA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding
Submitted September 21, 2015**
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
Heather Villa appeals from the district court’s judgment and challenges the
51-month sentence imposed following her guilty-plea conviction for importation of
methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have
*
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). Villa’s motion for oral
argument is denied.
jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.
Villa contends that the district court erred by denying her request for a minor
role reduction pursuant to U.S.S.G. § 3B1.2(b). We review the district court’s
interpretation of the Guidelines de novo and for clear error the factual
determination that a defendant is not a minor participant. See United States v.
Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014), cert. denied, 135 S. Ct. 1467 (2015).
The district court denied the reduction based on factors that have not been
recognized by this court. See id. at 1069. Looking to the factors this court has
recognized and the facts of this case, it appears that Villa may be entitled to the
adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A), (C); Hurtado, 760 F.3d at 1069.
Accordingly, we vacate and remand for resentencing. Upon resentencing, the
district court shall consider Villa’s request for a minor role reduction in light of the
factors articulated in Hurtado.
VACATED and REMANDED for resentencing.
2 14-50587