UNITED STATES of America, Plaintiff-Appellee, v. Manuel Osman NEVAREZ-CAJIGAS, Defendant-Appellant, 470 F. App'x 666

MEMORANDUM Manuel Osman Nevarez-Cajigas appeals from the 13-month-and-one-day sentence imposed following his guilty-plea conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand for resentencing. Nevarez-Cajigas contends that the district court procedurally erred by failing to calculate the applicable Sentencing Guidelines range at the outset of the sentencing hearing, and by imposing a “standard” sentence rather than one based upon the 18 U.S.C. § 3553(

a) sentencing factors. We conclude that the district court procedurally erred by failing to calculate the Guidelines range, and by failing adequately to consider the § 3553(

a) factors. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). Nevarez-Cajigas’ motion to file an untimely reply brief is granted. REVERSED AND REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.