United States v. Edgardo Castaneda
Opinion
Opinion
MEMORANDUM
Edgardo Prado Castaneda appeals from the 120-month sentence imposed following his guilty plea to distribution of methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(A)(viii). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We review de novo the district court’s interpretation and application of the Sentencing Guidelines and review its factual findings for clear error. United States v. Real-Hernandez, 90 F.3d 356, 360 (9th Cir.1996). We vacate the sentence and remand for resentencing.
Castaneda contends that the district court erred by failing to provide reasons for denying safety-valve relief from the mandatory minimum sentence imposed by 21 U.S.C. § 841 (b)(l)(A)(viii). Pursuant to 18 U.S.C. § 3553(f), the district court must disregard the statutory minimum sentence if it finds at sentencing that the defendant meets the five criteria for safety-valve relief. Rea l-Hernandez, 90 F.3d at 360-62 . The court must provide a sufficient record to allow “meaningful appellate review” and, at the time of sentencing, must provide its reasons for applying or declining to apply safety-valve relief. Id. at 360 .