Summers

United States v. Summers

Good Law
14 F. App'x 934
United States Court of Appeals for the Ninth CircuitJuly 23, 2001No. 00-50195; D.C. No. CR-99-00022-RTCalifornia248 words

Opinion

Lead Opinion

*935 MEMORANDUM **

Chad Eric Summers appeals his 37-month sentence imposed following his guilty plea conviction for possession with intent to distribute narcotics, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We vacate and remand for resentencing.

We review de novo the district court’s interpretation of the Sentencing Guidelines and its application of those guidelines to a particular case for abuse of discretion. United States v. Rojas-Millan, 234 F.3d 464, 472 (9th Cir.2000).

Summers contends that the district court erred by denying his request for a mitigating role adjustment pursuant to U.S.S.G § 3B1.2 because the district court misinterpreted and misapplied the sentencing guidelines. We conclude that the district court, not having the benefit of our decision in Rojas-Millan , erroneously limited the scope of its evaluation of Summers’ role in the offense, and accordingly vacate the sentence and remand for resentencing. Rojas-Millan, 234 F.3d at 473-474 (concluding that defendant’s culpability should be evaluated relative to all participants in a criminal scheme); see also United States v. Demers, 13 F.3d 1381,…

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