UNITED STATES of America, Plaintiff-Appellee, v. Jose GUTIERREZ-HERNANDEZ, and Raul Suarez-Reynoso, Defendants-Appellants

Appellants contend that their respective sentences should be vacated because the district court failed to make the necessary factual findings at sentencing as to the amount of drugs implicated in a drug conspiracy. Raul Suarez-Reynoso (“Reynoso”) further disputes his sentence on grounds that the district court failed to make specific factual findings as to (a) the amount of drugs involved in the conspiracy that were specifically attributable to him, and (b) his role in the offense. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 18 U.S.C. § 3742 . We AFFIRM IN PART, and VACATE AND REMAND IN PART.

I.

The district court’s factual findings in the sentencing phase are reviewed for clear error. See United States v. Fuentes-Mendoza, 56 F.3d 1113, 1116-17 (9th Cir.1995) (quantity of drugs, possession of firearm, supervisorial role), cert. denied, — U.S. -, 116 S.Ct. 326 , 133 L.Ed.2d 227 (1995).

The district court’s interpretation of the Sentencing Guidelines is reviewed de novo. United States v. Basinger, 60 F.3d 1400, 1409 (9th Cir.1995). The district court’s application of the Sentencing Guidelines to the facts is reviewed for an abuse of discretion. Koon v. United States, —…