United States v. Jesus Medina-Castro

MEMORANDUM

Jesus Medina-Castro appeals the sentence imposed following his guilty plea to bulk cash smuggling, in violation of 31 U.S.C. § 5332 (a). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We vacate Medina-Castro’s sentence and remand for resentenc-ing.

The district court’s finding during sentencing that Medina-Castro knowingly smuggled 17.88 kilograms of methamphetamine was not “supported by a preponderance of the evidence — ‘a showing that the relevant fact is more likely true than not.’ ” United States v. Highsmith, 268 F.3d 1141, 1142 (9th Cir.2001) (quoting United States v. Collins, 109 F.3d 1413, 1420 (9th Cir.1997)). Thus, Medina-Castro’s “sentence must be vacated [because] the district court demonstrably relie[d] upon false [and] unreliable information.” United States v. Safirstein, 827 F.2d 1380, 1387 (9th Cir.1987). Specifically, the district court relied on “[u]nreasonable inferences and material assumptions” to enhance Medina-Castro’s penalty. Id.

The district court’s assumption that Medina-Castro knew about the drugs, and did not mind transporting drugs, is unsupported by the record. First, the emails between Medina-Castro and…