Jones

MEMORANDUM *

Gwendolyn Jones appeals her one-count conviction and thirty-seven month sentence for conspiring to defraud an agency of the United States. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We vacate the sentence and remand for resentencing. The parties are familiar with the facts, and we need not recite them here.

At the defendant’s bond revocation hearing, the district court found that Jones had violated California Penal Code § 653m 2 and therefore had breached her plea agreement. 3 California Penal Code § 653m, however, requires that the defendant have the specific intent to annoy when communicating to another a threat to inflict injury. 4 At the bond revocation hearing, the district court did not find that the defendant had the specific intent to annoy, nor did it find the defendant made a specific threat. 5 Rather, the district court stated that the defendant had made “harassing phone calls at the very minimum, threatening at the greatest” 6 and that any threats made were “implied.” 7 Neither do the facts clearly reflect that *869 Jones acted with specific intent to annoy or threaten. Because California Penal Code § 653m refers to a…