Valdovinos

*630 MEMORANDUM *

Valdovinos was charged and convicted of (1) conspiracy to distribute 50 grams or more of actual methamphetamine, (2) distribution of 5 grams or more of actual methamphetamine, and (3) possession with intent to distribute 5 grams or more of actual methamphetamine, all in violation of 21 U.S.C. § 841 (a)(1). He was sentenced to 360 months’ imprisonment.

Following his conviction, Valdovinos appealed the district court’s denial of his motion to suppress evidence obtained during the search of his residence. He argued that DEA agents intentionally and recklessly omitted material information about the confidential informant from the affidavit in support of the search warrant. He also challenged his sentence, contending that the district court’s approximation of methamphetamine attributable to him, as well as its application of the two-level obstruction of justice enhancement pursuant to United States Sentencing Guidelines (U.S.S.G.) § 3C1.1, were in error.

We affirmed Valdovinos’s conviction and sentence in an unpublished memorandum. United States v. Valdovinos, 103 Fed.Appx. 221 (9th Cir.2004) {‘Valdovinos /”). The Supreme Court granted certiorari, vacated the…