Vasquez-Ramos
United States v. Vasquez-Ramos
Opinion
Lead Opinion
MEMORANDUM **
Salvador Vasquez-Ramos appeals the 60-month sentence imposed following his guilty plea conviction for two counts of distribution of heroin, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we vacate and remand for resentencing.
Vasquez-Ramos contends that the district court erred by failing to make factual findings concerning whether a firearm found in his house was used in connection with the offense, and by concluding that he was ineligible for the “safety-valve” pursuant to U.S.S.G. § 5C1.2 solely because he received an enhancement for possession of a firearm pursuant to U.S.S.G. § 201.1(b)(1). 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), and its compliance with Federal Rule of Criminal Procedure 32, United States v. Standard, 207 F.3d 1136, 1140 (9th Cir.2000). We review for clear error the district court’s factual determination that a defendant is ineligible for relief under § 5C1.2. United States v. Real-Hernandez, 90 F.3d 356, 360 (9th Cir.1996).