United States of America v. Martin Navarro-Puerta, a.k.a. Martin Navarizo-Puerta, a.k.a. Martin Missael…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARTIN NAVARRO-PUERTA, a.k.a.
Martin Navarizo-Puerta, a.k.a. Martin
Missael Navarro-Puerta,
Defendant - Appellant.
No. 14-10101
D.C. No. 4:13-cr-01333-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Kimberly A. Moore, Circuit Judge, Presiding**
Submitted June 22, 2015***
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
FILED
JUN 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Kimberly A. Moore, United States Circuit Judge for
the Federal Circuit, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Martin Navarro-Puerta appeals from the district court’s judgment and
challenges the 51-month sentence imposed following his guilty-plea conviction for
reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we vacate and remand to the district court for
resentencing.
Navarro-Puerta contends that the district court procedurally erred by treating
the Guidelines as mandatory. The record suggests that the district court may have
believed it could not vary from the Guidelines range under 18 U.S.C. § 3553(a).
See Gall v. United States, 552 U.S. 38, 51 (2007) (it is procedural error to treat the
Guidelines as mandatory). Furthermore, the record shows that the district court
incorrectly believed that it was obligated to impose a term of supervised release.
See U.S.S.G. § 5D1.1(c). Accordingly, we vacate the sentence and remand for
resentencing.
In light of this disposition, we do not reach Navarro-Puerta’s remaining
contentions.
VACATED and REMANDED for resentencing.
14-10101 2

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