Aramburo-Carreon

MEMORANDUM

Jorge Aramburo-Carreon appeals his conviction and eight month sentence imposed following his guilty plea to importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we vacate and remand in part, and affirm in part.

Aramburo-Carreon contends that the district court erred by granting him only a two-level downward adjustment for a minor role, instead of a three-level downward adjustment for a minor to minimal role, under U.S.S.G. § 3B1.2. Whether the defendant is a minor or minimal participant under U.S.S.G. § 3B1.2 is a factual determination that we review for clear error. United States v. Lui, 941 F.2d 844, 848 (9th Cir.1991).

Because the district court made no factual findings regarding Aramburo-Carreon’s role as to culpability in the larger context of his offense, we cannot determine whether Aramburo-Carreon was entitled to more than the two-level downward adjustment. United States v. Webster, 996 F.2d 209, 212 (9th Cir.1993); United States v. Rojas-Millan, 234 F.3d 464, 474 (9th Cir.2000). We therefore vacate the sentence and remand for the limited purpose of permitting the district court to make…