Martell

MEMORANDUM **

Candace Ellen Martell appeals from the 60-month sentence imposed after her guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate and remand for resen-tencing.

Martell contends, and the government concedes, that the district court judge erred in finding that United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), precluded the court from applying the statutory “safety valve” exception to the otherwise mandatory five-year minimum sentence. We agree with the parties and vacate Martell’s sentence and remand for further proceedings consistent with United States v. Cardenas-Juarez, 469 F.3d 1331, 1334-35 (9th Cir. 2006).

VACATED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.