Manzo-Maldonado

*934 MEMORANDUM **

Cristobal Manzo-Maldonado appeals both his conviction on one count of conspiracy to distribute a listed chemical in violation of 21 U.S.C. §§ 841 (d)(2), 846 and his sentence of forty-six months in prison followed by three years supervised release. He contends that the district court erred in denying his motion to suppress evidence found pursuant to a search incident to arrest. He also argues that the district court erred in refusing to grant a two point downward adjustment for minor participation in the drug scheme under United States Sentencing Guidelines (“U.S.S.G.”) § 3B1.2(b). We affirm Manzo-Maldonado’s conviction, but because the district court erred in applying § 3B 1.2(b), we vacate Manzo-Maldonado’s sentence and remand for resentencing.

As the parties are familiar with the facts, we discuss only those necessary to our determination. We review de novo whether the district court erred in denying Manzo-Maldonado’s motion to suppress the $15,790 recovered from him during his arrest as the fruit of an illegal search. Ornelas v. United States, 517 U.S. 690, 699 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996). We also review de novo whether the district court…