United States v. Manuel Nevarez-Cajigas

FILED
NOT FOR PUBLICATION MAR 05 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10375
Plaintiff - Appellee, D.C. No. 4:11-cr-00565-CKJ
v.
MEMORANDUM *
MANUEL OSMAN NEVAREZ-
CAJIGAS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Ronald S.W. Lew,** District Judge, Presiding
Submitted February 21, 2012 ***
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Manuel Osman Nevarez-Cajigas appeals from the 13-month-and-one-day
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Ronald S.W. Lew, District Judge for the U.S. District
Court for the Central District of California, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
sentence imposed following his guilty-plea conviction for possession with intent to
distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). We have
jurisdiction under 28 U.S.C. § 1291, and we reverse and remand for resentencing.
Nevarez-Cajigas contends that the district court procedurally erred by failing
to calculate the applicable Sentencing Guidelines range at the outset of the
sentencing hearing, and by imposing a “standard” sentence rather than one based
upon the 18 U.S.C. § 3553(a) sentencing factors. We conclude that the district
court procedurally erred by failing to calculate the Guidelines range, and by failing
adequately to consider the § 3553(a) factors. See United States v. Carty, 520 F.3d
984, 993 (9th Cir. 2008) (en banc).
Nevarez-Cajigas’ motion to file an untimely reply brief is granted.
REVERSED AND REMANDED.
2 11-10375