United States of America v. San Juan Hernandez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SAN JUAN HERNANDEZ,
Defendant-Appellant.
No. 16-10003
D.C. No. 4:07-cr-01581-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted November 16, 2016**
Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
San Juan Hernandez appeals from the district court’s order denying his
motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have
jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.
Hernandez contends that the district court failed to explain adequately its
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
NOV 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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denial of his motion for a sentence reduction under Amendment 782 to the
Sentencing Guidelines. We agree. The district court’s order does not address or
explain its rejection of the arguments presented in either Hernandez’s motion for a
sentence reduction or probation’s recommendation that the district court grant a
sentence reduction. Accordingly, we vacate and remand. See United States v.
Trujillo, 713 F.3d 1003, 1009-10 (9th Cir. 2013) (district court must provide some
explanation for rejecting a defendant’s non-frivolous arguments).
VACATED and REMANDED.

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