Verduzco-Laurel

MEMORANDUM **

Jaime Verduzco-Laurel challenges two sentencing enhancements applied to him by the district court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand.

(1) Verduzco-Laurel argues that there was insufficient evidence to support a two-level aggravating role enhancement under USSG § SBl.lic), 1 and that the district court failed to make the necessary findings concerning that enhancement. We reject the former contention; there was ample evidence that he exercised authority over his two nephews, who, upon his request, delivered the drugs from a remote location. We do, however, find merit in the latter contention. Despite the fact that Verduzco-Laurel specifically disputed the Presentence Report’s allegation that he had claimed that others worked for him, and despite the fact that testimony was heard from the undercover officer on the matter, the district court made no findings that resolved the dispute. That was error. See Fed.R.Crim.P. 32(c)(1); United States v. Carter, 219 F.3d 863, 866 (9th Cir.2000). Therefore, the sentence must be vacated. See United States v. Fernandez-Angulo, 897 F.2d 1514, 1516 (9th Cir.1990) (en…