United States of America v. JOSE ARANDA, AKA Vicious

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSE ARANDA, AKA Vicious,
Defendant-Appellant.
No. 13-50534
D.C. No.
3:12-cr-00236-IEG-11
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, District Judge, Presiding
Argued and Submitted June 9, 2017
Pasadena, California
Before: LIPEZ,** BEA, and HURWITZ, Circuit Judges.
Jose Aranda pleaded guilty to a conspiracy in violation of the Racketeer
Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(d)), a drug trafficking
conspiracy (21 U.S.C. §§ 841 and 846), and discharge of a firearm in relation to a
crime of violence and drug trafficking crime (18 U.S.C. § 924(c)). We have
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Kermit V. Lipez, United States Circuit Judge for the
First Circuit, sitting by designation.
FILED
JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2
jurisdiction of Aranda’s appeal of his sentence under 18 U.S.C. § 3742 and 28 U.S.C.
§ 1291.1
The government concedes that the district court erred in applying a discharge
of firearm enhancement under U.S.S.G. § 2B3.1(b)(2), because Aranda was also
sentenced for discharging a firearm in violation of 18 U.S.C. § 924(c). See United
States v. Aquino, 242 F.3d 859, 863–65 (9th Cir. 2001). We agree, and therefore
vacate Aranda’s sentence and remand for resentencing on an open record. See
United States v. Matthews, 278 F.3d 880, 885–86 (9th Cir. 2002) (en banc).
VACATED and REMANDED for resentencing.
1 Aranda’s appeal was consolidated with the appeals of four codefendants:
Jesus Barragan (No. 13-50516), Hector Fernandez (No. 13-50518), Francisco
Gutierrez (No. 13-50525), and Pablo Franco (No. 13-50531). These appeals remain
pending.

-- 2 of 2 --