Caplett

MEMORANDUM *

Stephen Pat Ryan Caplett appeals the 36-month sentence imposed following his conviction by guilty plea to one count of assault on a federal officer, in violation of 18 U.S.C. § 111 . Caplett contends that the district court erred in relying upon U.S. Sentencing Guidelines (“USSG”) Manual § 2A2.2, rather than USSG § 2A2.4, in determining his base offense level. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We reverse and remand for resentencing.

Caplett’s methamphetamine use following his escape was not relevant conduct to the offense of conviction, assaulting a federal officer, within the meaning of USSG § 1B1.3. 1 See United States v. Speelman, 431 F.3d 1226, 1231 (9th Cir.2005) (“Under U.S.S.G. § 1B1.3(a), cross-references shall be determined on the basis of relevant conduct.”) (internal quotation marks omitted); United States v. Garcia-Camacho, 122 F.3d 1265, 1268 (9th Cir.1997) (stating that USSG § 2A2.4 “contains a cross reference” to USSG § 2A2.2). “Relevant conduct includes all acts and omissions committed or willfully caused by the defendant ‘that occurred during the commission of the offense of conviction, in preparation for the…