United States v. Hector Corrales Edeza

MEMORANDUM

Hector Rafael Corrales Edeza appeals from the district court’s judgment and challenges the 57-month sentence imposed following his gnilty-plea conviction for importation of heroin, cocaine, and methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

Corrales Edeza argues that the district court erred in denying a minor role reduction to his basé offense level under U.S.S.G. § 3B1.2(b). After Corrales Edeza was sentenced, the United States Sentencing Commission issued Amendment 794 (“the Amendment”), which amended the commentary to the minor role Guideline. The Amendment is retroactive to cases pending on direct appeal. See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016).

The Amendment clarified that, in assessing whether a defendant should receive a minor role adjustment, the court should compare him to the other participants in the crime, rather than to a hypothetical average participant. See U.S.S.G. App. C. Amend. 794; Quintero-Leyva, 823 F.3d at 523 . In addition, the Amendment clarified that “[t]he fact that a defendant performs an essential or…