United States v. 2020-06-16 | 19-10185 | USA V. CONSTANTINO SALMON VARELA | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CONSTANTINO SALMON VARELA,
AKA Constantino S. Varela,
Defendant-Appellant.
No. 19-10185
D.C. No.
4:17-cr-01659-JAS-EJM-1
MEMORANDUM
*
Appeal from the United States District Court
for the District of Arizona
James Alan Soto, District Judge, Presiding
Submitted June 11, 2020
**
San Francisco, California
Before: SCHROEDER and BUMATAY, Circuit Judges, and MORRIS,
***
District
Judge.

FILED
JUN 16 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
*
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).
* * *
The Honorable Brian M. Morris, United States District Judge for the
District of Montana, sitting by designation.

Constantine Salmon Varela appeals the district court’s sentence of
concurrent terms of 72 months in prison, to be followed by three years of
supervised release for violating 18 U.S.C. § 922, 18 U.S.C. § 924(a)(2), Possession
of Firearms by a Convicted Felon, and 26 U.S.C. § 5861(d), 26 U.S.C. § 5871, and
26 U.S.C. § 5841, Unlawful Possession of Unregistered Destructive Device. On
appeal, the government agrees with Varela that the sentence should be vacated and
remanded to the district court for resentencing, because the government withheld
Varela’s request for a one-point reduction under USSG § 3E1.1(b) for accepting
responsibility of the crimes. We therefore vacate and remand for resentencing on
an open record. See United States v. Matthews, 278 F.3d 880, 885 (9th Cir. 2002)
(en banc) (“[A]s a general matter, if a district court errs in sentencing, we will
remand for resentencing on an open record[.]”).
VACATE AND REMAND.
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