Barona-Rojas

*413 MEMORANDUM **

Armando Barona-Rojas appeals his 30-month sentence following his guilty plea conviction for conspiracy to harbor and transport illegal aliens, in violation of 8 U.S.C. § 1324 (a)(1)(A)(v). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate the sentence and remand.

We review de novo the district court’s interpretation of the Sentencing Guidelines, review for an abuse of discretion its application of the Guidelines to the facts of a particular case, and review for clear error the court’s factual findings in the sentencing phase. United States v. Rodriguez-Cruz, 255 F.3d 1054, 1058 (9th Cir. 2001).

Barona-Rojas contends the district court’s factual findings were insufficient to conclude that he could have reasonably foreseen that his co-conspirators would place a teenage girl in the trunk of a car to smuggle her past the border checkpoint, justifying an enhancement under U.S.S.G. § 2Ll.l(b)(5). We agree.

The district court’s foreseeability finding was based solely on the court’s general observation that anyone who lives in Southern California or who has traveled from Los Angeles to the Mexican border knows that “other steps have to be taken” to…