United States v. Roberto Castillo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-50054 Plaintiff-Appellee, D.C. Nos. v. 2:19-cr-00764-

DSF-1

ROBERTO CASTILLO, AKA 2:19-cr-00764- Roberto Enrique Castillo, AKA Ito, DSF AKA Shadow, Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Argued and Submitted November 17, 2022 Pasadena, California

Filed May 31, 2023

Before: Kim McLane Wardlaw and William A. Fletcher, Circuit Judges, and Matthew F. Kennelly,* District Judge.

Opinion by Judge Wardlaw

* The Honorable Matthew F. Kennelly, United States District Judge for the Northern District of Illinois, sitting by designation. SUMMARY**

Criminal Law

The panel vacated Roberto Castillo’s sentence for conspiracy to distribute at least 50 grams of methamphetamine in violation of 21 U.S.C. §§ 846 and 841, and remanded for resentencing, in a case in which the district court concluded that this offense of…