Regalado

MEMORANDUM *

Emma Regalado appeals from her conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction under 28 U.S.C. § 1291 . Because we conclude that the government failed to establish the elements of a § 846 conspiracy, we reverse Regalado’s conviction and remand with instructions that the district court order Regalado’s immediate release from custody.

The sole count of the government’s indictment charged Regalado with conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 . 1 Regalado contends that the government presented no evidence to prove that she had agreed *567 to distribute methamphetamine. Thus, she argues, the evidence presented at her trial is insufficient to support her conviction. We agree.

“In reviewing the sufficiency of evidence after a conviction, we ask whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt.” United States v. Matsumaru, 244 F.3d 1092, 1103 (9th Cir.2001).

In order to prove conspiracy under § 846, the government must prove (1) an agreement…