MEMORANDUM **
Oscar Alejandro Garcia-Luquin appeals from the district court’s judgment and challenges the 40-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.
Garcia-Luquin contends that the district court erred by failing to recognize its discretion to vary downward from the Guidelines range to account for the government’s failure to move for a third-level reduction for acceptance of responsibility. Effective November 1, 2013, U.S.S.G. § 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 Garcia-Luquin is entitled to a new sentencing hearing at which the government will move for the third level.
In light of our decision, we do not reach Garcia-Luquin’s contention that the 40-month sentence is substantively unreasonable.
VACATED and REMANDED for re-sentencing.