United States of America v. Omar Antonio Tirado- Martinez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Linda R. Reade, Chief Judge of the United States**
District Court for the Northern District of Iowa, 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NOT FOR PUBLICATION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.
OMAR ANTONIO TIRADO-
MARTINEZ,
Defendant - Appellant.
No. 12-10082
D.C. No. 4:11-cr-02708-JGZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Linda R. Reade, District Judge, Presiding**
Submitted June 10, 2013***
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Omar Antonio Tirado-Martinez appeals from the district court’s judgment
and challenges the 78-month sentence imposed following his guilty-plea
FILED
JUN 13 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10082 2
conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952, 960(a)(1)
and (b)(1)(B)(ii); and possession with intent to distribute cocaine, in violation of
21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii)(II). We have jurisdiction under 28 U.S.C.
§ 1291, and we remand for resentencing.
Tirado-Martinez contends that the district court erred by failing to grant a
role adjustment for his minor role in the offense. Because the district court failed
adequately to explain why it rejected the probation officer’s recommendation for a
sentence below the Guidelines range, which was based on Tirado-Martinez’s
individual circumstances and his role in the offense, we remand for resentencing.
In light of this disposition, we do not reach Tirado-Martinez’s other
arguments.
VACATED and REMANDED.

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