USA V. MICHEL MARTINEZ, No. 17-10131 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION DEC 21 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA Plaintiff-Appellee, No. U.S. COURT OF APPEALS 17-10131 D.C. No. 4:09-cr-00829-RCC v. MEMORANDUM* MICHEL MARTINEZ, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, Chief Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Michel Martinez appeals 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 the court’s order and remand for further proceedings. There was no dispute in the district court that, because Amendment 782 * 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). lowered Martinez’s Guidelines range, he was statutorily eligible for a sentence reduction. The court declined to grant a reduction, however, “[a]fter reviewing the facts of this case.” It provided no further explanation. Martinez contends that this explanation was inadequate. We agree that greater elaboration was required. See United States v. Trujillo, 713 F.3d 1003, 1009-1011 (9th Cir. 2013). VACATED and REMANDED. 2 17-10131

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