
    UNITED STATES of America, Plaintiff-Appellee, v. Jose Marcos MIRANDA-GARCIA, Defendant-Appellant.
    No. 13-30079.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 10, 2014.
    
    Filed March 13, 2014.
    Alexander C. Ekstrom, Assistant U.S., Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.
    Bryan Paul Whitaker, Bryan P. Whitaker, Attorney at Law, Spokane, WA, for Defendant-Appellant.
    Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Jose Marcos Miranda-Garcia appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine, and aiding and abetting, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentenc-ing.

Miranda-Garda contends that the district court erred by failing to grant a third-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(b). Effective November 1, 2013, section 3E1.1 was amended to clarify that “[t]he government should not withhold [a motion for reduction for acceptance of responsibility] based on interests not identified in § 3E1.1, such as whether the defendant agrees to waive his or her right to appeal.” U.S.S.G. § 3E1.1 cmt. n. 6. The government concedes, and we agree, that Miranda-Garcia is entitled to a new sentencing hearing. Accordingly, we vacate Miranda-Garcia’s sentence and remand for resentencing.

VACATED and REMANDED for re-sentencing. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     