Lopez-Salas

MEMORANDUM **

I. OVERVIEW

Appellants Hilario Lopez-Salas, Jose Luis Carrillo-Mendez, and Billy J. Thompson participated in a Mexico based drug trafficking organization operating in eastern Washington. Following a lengthy Drug Enforcement Administration (DEA) investigation that led to their arrests, each pleaded guilty to conspiracy to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine and five hundred grams or more of a mixture or substance containing a detectable amount of methamphetamine. All three men challenge their sentences on appeal, and each is discussed separately below.

II. SENTENCING REVIEW POST- BOOKER

This court reviews a district court’s interpretation of the Sentencing Guidelines de novo, its application of the Guidelines to the facts of the case for an abuse of discretion, and the district court’s factual findings for clear error. United States v. Garner, 490 F.3d 739, 742 (9th Cir.2007). “This court reviews the ultimate post- Booker sentence imposed for ‘reasonableness.’ ” Id. (quoting United States v. Reina-Rodriguez, 468 F.3d 1147, 1158 (9th Cir.2006)). In making the reasonableness determination, “we are…