United States v. Rodean Villa

MEMORANDUM

Rodean Villa appeals .from the 235-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine hydrochloride, in violation of 21 U.S.C. §§ 841 (a)(1), 846, 960, and for money laundering, in violation of 18 U.S.C. §§ 2 , 1956(a)(2)(B)(i). We have jurisdiction under 28 U.S.C. § 1291 . We vacate Villa’s sentence and remand for resentencing by a different district judge.

1. Villa asserts that the government erred by failing to move for a further one-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(b). Since Villa’s sentencing, § 3E1.1 was amended to clarify that the prosecution should not withhold a § 3E1.1 motion based on interests not identified in § 3E1.1. U.S.S.G. § 3E1.1 cmt. n. 6. The government concedes, and we agree, that Villa is entitled to a new sentencing hearing in light of this amendment. See United States v. Cabrera-Gutierrez, 756 F.3d 1125 , 1127 n. 1 (9th Cir.2014). (recognizing retroactive applicability of the clarifying amendment to § 3E1.1). Accordingly, we vacate Villa’s sentence and remand for resentencing.

2. Villa farther contends that remand is necessary because the government…