Tejeda-Cienfuegos

MEMORANDUM **

Cosme Tejeda-Cienfuegos appeals the 97-month sentence imposed after his *119 guilty plea to one count of distribution of heroin, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 , and criminal forfeiture, in violation of 21 U.S.C. § 858 . We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand.

The district court did not make any specific findings of fact when it attributed over one kilogram of heroin to Tejeda-Cienfuegos under the relevant conduct provision of the Sentencing Guidelines, U.S.S.G. § 1B1.3. Instead, the district court relied solely on the findings of the presentence report. However, the facts set forth in the presentence report were insufficient to support the conclusion that all of the drug seizures were attributable to Tejeda-Cienfuegos under the relevant conduct provision.

While a district court may adopt the factual findings of the presentence report, it may not adopt statements from the presentence report that are conelusory or unsupported by the facts or the Sentencing Guidelines. See United States v. Navarro, 979 F.2d 786, 789 (9th Cir.1992) (remanding for resentencing where the district court failed to make express…