Calvo

MEMORANDUM *

Appellant Duane Calvo entered a guilty plea for attempted possession of methamphetamine hydrochloride with intent to distribute. He was sentenced to 180 months of incarceration. On appeal and through a different attorney, Calvo now raises nine issues and sixteen sub-issues challenging his sentence. We need not address all of the issues raised by Calvo, however, because we conclude that the conflict of interests created by Calvo’s attorney’s dual representation of both Calvo and the confidential informant (“Cl”) who assisted in Calvo’s arrest requires resentencing.

The record is “sufficiently developed” to permit review of the dual representation and conflicting interests. See United States v. Rivera-Sanchez, 222 F.3d 1057, 1060 (9th Cir.2000). Calvo’s arrest stemmed from information from the Cl who told Drug Enforcement Agency (“DEA”) officials that Calvo had contacted the Cl in an attempt to receive “ice,” a form of methamphetamine. Through an arrangement by the DEA, the Cl later met with Calvo at a hotel where the Cl offered him two kilograms of look-alike methamphetamine. During Calvo’s sentencing, the sentencing judge became concerned because “there’s a certain…