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United States v. Paul Williams
692 F. App'x 386
| 9th Cir. | 2017
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*1 Before: THOMAS, Chief Judge and SILVERMAN and RAWLINSON, Circuit Judges.

Paul L. Williams 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.

*2 Williams contends that the district court erred in concluding that he did not “qualify” for a sentence reduction under Amendment 782 to the Sentencing Guidelines. We agree that the court’s statement that Williams did not “qualify” for a reduction is ambiguous as to whether the court believed that Williams was ineligible for a reduction or was not deserving of one. Furthermore, assuming the court concluded that Williams was not deserving of a reduction, the record contains no explanation for why it reached that conclusion. Accordingly, we vacate the district court’s order.

The record reflects that Williams is statutorily eligible for a reduction because his Guidelines range was lowered to 78-97 months under Amendment 782. See 18 U.S.C. § 3582(c)(2); United States v. Leniear , 574 F.3d 668, 673 (9th Cir. 2009). Accordingly, on remand the district court shall determine whether it will exercise its discretion to lower Williams’s sentence and explain its decision. See United States v. Trujillo , 713 F.3d 1003, 1010-11 (9th Cir. 2013).

VACATED and REMANDED.

2 16-10339

[*] 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. Paul Williams
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jun 1, 2017
Citation: 692 F. App'x 386
Docket Number: 16-10339
Court Abbreviation: 9th Cir.
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