United States of America v. Manuel Osman Nevarez- Cajigas

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
** The Honorable Ronald S.W. Lew, District Judge for the U.S. District
Court for the Central District of California, sitting by designation.
The panel unanimously concludes this case is suitable for decision***
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MANUEL OSMAN NEVAREZ-
CAJIGAS,
Defendant - Appellant.
No. 11-10375
D.C. No. 4:11-cr-00565-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Ronald S.W. Lew,** District Judge, Presiding
Submitted February 21, 2012***
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Manuel Osman Nevarez-Cajigas appeals from the 13-month-and-one-day
FILED
MAR 05 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10375 2
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 reverse and remand for resentencing.
Nevarez-Cajigas contends that the district court procedurally 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 to consider the § 3553(a) factors. See United States v. Carty, 520 F.3d
984, 993 (9th Cir. 2008) (en banc).
Nevarez-Cajigas’ motion to file an untimely reply brief is granted.
REVERSED AND REMANDED.

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