Fernandez

MEMORANDUM ***

Defendant-Appellant Cristobal DeLeon Fernandez was convicted by a jury of conspiracy to distribute and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 and 846. On appeal, Fernandez argues: (1) that the trial court erred in failing to hold a full evidentiary hearing to examine whether the government breached a plea agreement, (2) that there was insufficient evidence to convict him of possession with intent to distribute more than 500g of methamphetamine, and (3) that the trial court erred in giving him only a 2 level *146 sentencing deduction after finding early cooperation and an acceptance of responsibility. We affirm in part, reverse in part, and remand for re-sentencing.

This Court reviews the District Court’s findings as to the existence and terms of the alleged plea agreement for clear error. United States v. Helmandollar, 852 F.2d 498, 501 (9th Cir.1988). The District Court properly considered whether an enforceable plea agreement existed and whether Fernandez detrimentally relied on a governmental plea offer. United States v. Savage, 978 F.2d 1136, 1138 (9th Cir.1992). Fernandez’s reliance on United. States v. Hyde, 520…