United States of America v. Randall Kawika Char, a.k.a. Randall K. Char

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RANDALL KAWIKA CHAR, a.k.a.
Randall K. Char,
Defendant - Appellant.
No. 14-10130
D.C. No. 1:12-cr-00507-DKW
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Derrick Kahala Watson, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Randall Kawika Char appeals from the district court’s judgment and
challenges the 180-month sentence imposed following his guilty-plea conviction for
two counts of distribution of 50 grams or more of methamphetamine, in violation of
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10130
21 U.S.C. § 841(a)(1) and (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291,
and we vacate and remand for resentencing.
Char contends that the district court procedurally erred in several ways. We
agree that the district court erred by failing to calculate a revised mandatory
minimum sentence after granting the government’s substantial assistance motion
under 18 U.S.C. § 3553(e). See United States v. Lee, 725 F.3d 1159, 1167-68 (9th
Cir. 2013) (per curiam). Accordingly, we vacate the sentence and remand for
resentencing. See id. at 1169.
On remand, we advise the district court to first determine the extent of its
downward departure under section 3553(e) without consideration of factors
unrelated to Char’s assistance, and then determine whether the full extent of the
departure is warranted in light of the 18 U.S.C. § 3553(a) factors. See United States
v. Jackson, 577 F.3d 1032, 1036 (9th Cir. 2009). The government should also
clarify whether it intended to withdraw the Special Information filed pursuant to 21
U.S.C. § 851.
In light of this disposition, we do not reach Char’s remaining claims.
VACATED and REMANDED for resentencing.

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