Cardenas

MEMORANDUM

Jesus Pena Cardenas appeals the 120-month sentence imposed following his guilty plea to one count of conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we vacate and remand for resentencing.

Cardenas contends that the district court erred by finding that he was ineligible for the safety valve under 18 U.S.C. § 3553 (f) without first affording him an evidentiary hearing on disputed facts. We review the district court’s findings of fact for clear error, United States v. Real-Hernandez, 90 F.3d 356, 360 (9th Cir.1996), and the denial of an evidentiary hearing for abuse of discretion. United States v. Houston, 217 F.3d 1204, 1206-07 (9th Cir.2000).

The relevant dispute is whether Cardenas was honest in his debriefing with government agents. The pre-sentence report stated that the agents told the probation officer that Cardenas had not been forthcoming. Defense counsel, who had been present at the debriefing, argued that that characterization was inaccurate. Faced with this dispute of fact, the district court should have allowed Cardenas…