Paniagua

MEMORANDUM **

Jose Paniagua and Abraham Del Real were tried before a jury and were each convicted of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846 , attempted possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 , 841(a)(1), conspiracy to possess a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 371 , and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c). Paniagua appeals his sentence. Del Real appeals his conviction and sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm Del Real’s conviction. We remand both sentences for further consideration.

A. Paniagua’s Sentence: Denial of Downward Adjustment for Minor Role

Paniagua argues that he was entitled to a downward adjustment under U.S.S.G. § 3B1.2(b) for his minor role in the drug conspiracy. The district court found that Paniagua supplied transportation for two other co-participants to the buy location, cash for the purchase of methamphetamine, and weapons for himself and Del Real. Consequently, the court found that Paniagua played an…