United States v. Raul Melendez

MEMORANDUM

Raul Melendez appeals from the 24-month sentence imposed following the rev ocation of supervised release, and new conditions of supervised release imposed upon revocation. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

Melendez contends, and the government agrees, that the case must be remanded for resentencing because the district court failed to discuss the applicable Guidelines range, and did not provide an adequate explanation for the sentence imposed. We agree that the plain error test is met here because the district court failed to properly calculate the Guidelines range, failed to provide an adequate explanation for its decision to impose a sentence that was above the Guidelines range, and failed to accurately and appropriately discuss the relevant factors under 18 U.S.C. §§ 3553 (a) and 3583(e). See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc); United States v. Hammons, 558 F.3d 1100, 1104-06 (9th Cir.2009). We therefore vacate the sentence, and remand for resentencing to allow the district court to calculate the applicable Guidelines range, and provide an adequate explanation for its…