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No. 8698173
United States Court of Appeals for the Ninth Circuit
United States v. Hernandez
No. 8698173 · Decided November 21, 2016
No. 8698173·Ninth Circuit · 2016·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 21, 2016
Citation
No. 8698173
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** San Juan Hernandez appeals from the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3682 (c)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. Hernandez contends that the district court failed to explain adequately its denial of his motion for a sentence reduction under Amendment 782 to the Sentencing Guidelines. We agree. The district court’s order does hot address or explain its rejection of the arguments presented in either Hernandez’s motion for a sentence reduction or probation’s recommendation that the district court grant a sentence reduction. Accordingly, we vacate and remand. See United States v. Trujillo, 713 F.3d 1003, 1009-10 (9th Cir. 2013) (district court must provide some explanation for rejecting a defendant’s non-frivolous arguments). VACATED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Plain English Summary
MEMORANDUM ** San Juan Hernandez appeals from the district court’s order denying his motion for a sentence reduction under 18 U.S.C.
Key Points
01MEMORANDUM ** San Juan Hernandez appeals from the district court’s order denying his motion for a sentence reduction under 18 U.S.C.
02Hernandez contends that the district court failed to explain adequately its denial of his motion for a sentence reduction under Amendment 782 to the Sentencing Guidelines.
03The district court’s order does hot address or explain its rejection of the arguments presented in either Hernandez’s motion for a sentence reduction or probation’s recommendation that the district court grant a sentence reduction.
042013) (district court must provide some explanation for rejecting a defendant’s non-frivolous arguments).
Frequently Asked Questions
MEMORANDUM ** San Juan Hernandez appeals from the district court’s order denying his motion for a sentence reduction under 18 U.S.C.
FlawCheck shows no negative treatment for United States v. Hernandez in the current circuit citation data.
This case was decided on November 21, 2016.
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