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United States v. Mario Gonzalez
670 F. App'x 938
| 9th Cir. | 2016
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Docket

*1 Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.

Mario Gonzalez appeals from the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

Gonzalez contends that the district court failed to explain adequately its *2 denial of his motion for a sentence reduction under Amendment 782 to the Sentencing Guidelines. We agree. The district court’s order does not address or explain its rejection of the arguments presented in the parties’ joint stipulation for a reduction of sentence. Accordingly, we vacate and remand. See United States v. Trujillo , 713 F.3d 1003, 1009-10 (9th Cir. 2013) (district court must provide some explanation for rejecting a defendant’s non-frivolous arguments).

VACATED and REMANDED.

2 15-10537

[*] 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).

Case Details

Case Name: United States v. Mario Gonzalez
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 21, 2016
Citation: 670 F. App'x 938
Docket Number: 15-10537
Court Abbreviation: 9th Cir.
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