Sanchez

MEMORANDUM **

Jorge Sanchez appeals from the three-year sentence imposed following his guilty-plea conviction to one count of possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate Sanchez’s sentence and remand for re-sentencing.

*407 Sanchez contends that the district court erred by imposing a two-level upward adjustment pursuant to U.S.S.G. § 3B1.4 for using a minor to commit a crime. We conclude that the district court did not clearly err in finding that Sanchez affirmatively used his children in his crime. See United States v. Castro-Hernandez, 258 F.3d 1057, 1060-61 (9th Cir.2001).

Sanchez also contends that the district court erred by failing to consider the relevant actors in determining his minor role adjustment pursuant to U.S.S.G. § 3B1.2. Sanchez testified that he was paid by a supplier and the drugs were to be picked up by a distributor. Accordingly, we conclude that the district court erred by failing to consider Sanchez’s culpability in relation to these other co-participants that were named in the record. See United States v. Rojas-Millan, 234 F.3d 464, 472-74…