United States v. Manuel Nevarez-Cajigas

ORDER

The government’s unopposed motion to recall the mandate and amend the decision to alter the remedy is granted.

The mandate is recalled and the memorandum disposition filed on March 5, 2012, is withdrawn.

A replacement memorandum disposition is being filed concurrently with this order, and the mandate shall reissue forthwith.

MEMORANDUM

Manuel Osman Nevarez-Cajigas appeals from the 13-month-and-one-day sentence imposed following his guilty-plea conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(D). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm without prejudice to an application by Nevarez-Cajigas to the district court to vacate his sentence and resentence him consistent with this decision.

Nevarez-Cajigas contends that the district court proeedurally erred by failing to calculate the applicable Sentencing Guidelines range at the outset of the sentencing hearing, and by imposing a “standard” sentence rather than one based upon the 18 U.S.C. § 3553 (a) sentencing factors. We conclude that the district court procedurally erred by failing to calculate the Guidelines range, and by failing adequately…