United States v. Johnson

MEMORANDUM **

James Raymond Johnson appeals the 60-month sentence imposed following his guilty plea conviction for conspiracy to manufacture and distribute marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We vacate in part, reverse in part, and remand for resentencing.

Johnson contends that the district court erred by failing to make factual findings concerning whether firearms found at the marijuana grow residence were used in connection with the offense, and by concluding that he was ineligible for the safety valve solely because he received an enhancement for possession of a firearm.

We review de novo the district court’s compliance with Fed.R.Civ.P. 32, United States v. Standard, 207 F.3d 1136, 1140 (9th Cir.2000), and for clear error the district court’s factual determination that a defendant is ineligible for the safety valve, United States v. Real-Hemandez, 90 F.3d 356, 360 (9th Cir.1996). We review de novo the district court’s interpretation of the sentencing guidelines. United States v. Nelson, 222 F.3d 545, 549 (9th Cir.2000).

The district court’s statements at sentencing indicate that…