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UNITED STATES of America, Plaintiff-Appellee, v. Jorge Armando Betancourt MENDOZA, a.k.a. Jorge Mendoza Mendoza, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2014-04-11No. No. 12-30289
567 F. App'x 560

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Opinion

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MEMORANDUM

Jorge Armando Betancourt Mendoza appeals from the district court’s judgment and challenges the 84-month sentence imposed following his guilty-plea conviction for conspiracy and aiding and abetting, in violation of 21 U.S.C. §§ 371 & 2; and possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.

Betancourt Mendoza contends that the government erred by failing to move for a third-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b). Effective November 1, 2013, section 3E1.1 was amended to clarify that “[t]he government should not withhold [a motion for reduction for acceptance of responsibility] based on interests not identified in § 3E1.1, such as whether the defendant agrees to waive his or her right to appeal.” U.S.S.G. § 3E1.1 cmt. n. 6. The government concedes, and we agree, that Betanc-ourt Mendoza is entitled to a new sentencing hearing in light of this amendment. See United States v. Cabrera-Gutierrez, No. 12-30233, 756 F.3d 1125, 1127, 2014 WL 998173, at *1 n. 1 (9th Cir. Mar. 17, 2014). Accordingly, we vacate Betancourt Mendoza’s sentence and remand for resen-tencing.

In light of this disposition, we decline to reach Betancourt Mendoza’s other claims of sentencing error.

VACATED and REMANDED for re-sentencing.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.