Gonzalez-Valdez

MEMORANDUM **

Hermenes Gonzalez-Valdez challenges his judgment of conviction on two grounds and also challenges his sentence. Because we find the hearsay issue to be dispositive, we do not decide any other questions presented by this appeal.

*684 Gonzalez-Valdez contends that the contents of a telephone conversation between an ICE agent and an unknown caller were improperly admitted against him under the co-conspirator exception to the hearsay rule. We agree. “In order for a statement to qualify for admission as the statement of a co-conspirator, the following preliminary facts must be shown: (1) there was a conspiracy, (2) the defendant and the declarant were participants in the conspiracy, and (3) the statement was made by the declarant during and in furtherance of the conspiracy.” United States v. Bridgeforth, 441 F.3d 864, 869 (9th Cir.2006) (emphasis added). However, “the government cannot rely solely on the co-conspirator statements themselves” to establish the existence of a conspiracy or the defendant and the declarant’s involvement in it, but must instead put forward “independent evidence ” to establish this foundation. United States v. Castaneda, 16 F.3d 1504, 1507…