22:I[98912,["/_next/static/chunks/0asocxi83kb~5.js","/_next/static/chunks/0n4z.7yu76je-.js","/_next/static/chunks/0eyt_ou8dj52g.js","/_next/static/chunks/01bcia3bjqt9z.js","/_next/static/chunks/15egrlmmf_yst.js"],"CaseDetailGate"] 23:T4d6,MEMORANDUM Jose Marcos Miranda-Garcia appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine, and aiding and abetting, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentenc-ing. Miranda-Garda contends that the district court erred by failing to grant a third-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(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 Miranda-Garcia is entitled to a new sentencing hearing. Accordingly, we vacate Miranda-Garcia’s sentence and remand for resentencing. VACATED and REMANDED for re-sentencing. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.24:T503,

MEMORANDUM

Jose Marcos Miranda-Garcia appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine, and aiding and abetting, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentenc-ing.

Miranda-Garda contends that the district court erred by failing to grant a third-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(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 Miranda-Garcia is entitled to a new sentencing hearing. Accordingly, we vacate Miranda-Garcia’s sentence and remand for resentencing.

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.