United States v. Jason Dulay

MEMORANDUM

Jason Dulay appeals the 324-month sentence imposed by the district court follow ing his guilty plea to possession with intent to distribute at least fifty grams of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(A)(viii), possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A), and being a felon in possession of firearms and ammunition, in violation of 18 U.S.C. § 922 (g)(1). Dulay contends that the district court’s failure to calculate the applicable Sentencing Guidelines range and failure to explain the extent of any variance between its sentence and the appropriate Guidelines range constituted non-harmless procedural error. He also argues that the sentence is substantively unreasonable. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand.

We generally review sentencing decisions for abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). We “must first ensure that the district court committed no significant procedural error,” Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007), and only proceed to consider…