United States of America v. Michel Martinez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA
Plaintiff-Appellee,
v.
MICHEL MARTINEZ,
Defendant-Appellant.
No. 17-10131
D.C. No. 4:09-cr-00829-RCC
MEMORANDUM*
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).
FILED
DEC 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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