United States v. Jeremiah Preston

MEMORANDUM

Jeremiah Clay Preston appeals from the district court’s order denying his motion for a reduction of sentence under 18 U.S.C. § 3582 (c)(2). We .have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. United States v. Trujillo, 713 F.3d 1003 , 1008 n. 3 (9th Cir. 2013). We vacate and remand.

Preston moved for a reduction of sentence because his sentence was above the amended Sentencing Guidelines range, presenting nonfrivolous arguments based on the factors set forth in 18 U.S.C. § 3553 (a). Because the district court failed to explain its reasons for rejecting Preston’s arguments, we vacate the order and remand for further proceedings. See 18 U.S.C. § 3582 (c)(2) (the district court may “reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission”); Trujillo, 713 F.3d at 1009 (“The district court’s duty to consider the § 3553(a) factors necessarily entails a duty to provide a sufficient explanation of the sentencing decision to permit meaningful appellate review.”);…