United States v. Steven Quintana

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-50416
Plaintiff-Appellee, D.C. No. 2:17-cr-00415-R-1
v.
MEMORANDUM*
STEVEN ANTHONY QUINTANA, AKA
Lil Slugger, AKA Slugger,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Argued and Submitted October 18, 2019
Pasadena, California
Before: WARDLAW and HURWITZ, Circuit Judges, and BATAILLON,**
District Judge.
Steven Anthony Quintana pled guilty to possession with the intent to
distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B).
Because Quintana had two prior convictions for possession of methamphetamine for
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Joseph F. Bataillon, United States District Judge for
the District of Nebraska, sitting by designation.
sale under California Health and Safety Code § 11378, Quintana was subject to a
ten-year mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(B) and the
career offender sentencing enhancement under U.S.S.G. § 4B1.1. In 2017, the
district court sentenced Quintana to 180-months in prison followed by eight years of
supervised release, which Quintana now appeals. We have jurisdiction under 18
U.S.C. § 3742(a) and 28 U.S.C. § 1291. We vacate Quintana’s sentence and remand
for resentencing.
1. If sentenced under the First Step Act of 2018, Pub. L. No. 115-391, 132
Stat. 519, Quintana would not have been subject to a ten-year mandatory minimum
sentence previously mandated under 21 U.S.C. § 841(b)(1)(B). See First Step Act §
401(a)(1)–(2) . We therefore remand for the district court to consider in the first
instance whether the First Step Act applies to Quintana, who was sentenced prior to
its enactment, and, if so, to resentence Quintana accordingly. See Wheeler v. United
States, 139 S. Ct. 2664, 2664 (2019) (“Judgment vacated, and case remanded to the
United States Court of Appeals for the Third Circuit for the court to consider the
First Step Act of 2018.”). On remand, the district court is free to reopen and review
all sentencing issues and to consider the effect, if any, of this Court’s opinion in
[United States v. Gamboa, 19-50014]; see also United States v. McFalls, 675 F.3d
599, 604 (6th Cir. 2012) (“Under 28 U.S.C. § 2106, courts of appeals may issue
either general or limited remands. A general remand permits the district court to
2 17-50416
redo the entire sentencing process, including considering new evidence and issues.”)
(internal citations omitted).
2. Also, before the Court is Appellant’s unopposed motion to take judicial
notice of certain conviction records. D.I. 13. We hereby grant this motion.
VACATED AND REMANDED.
3 17-50416