United States v. Aguilera

BYE, Circuit Judge.

Juda B. Aguilera appeals the 135 month sentence the district court imposed following his guilty plea to conspiring to distribute methamphetamine and aiding and abetting the distribution of methamphetamine. We vacate Aguilera’s sentence and remand for resentencing.

I

Aguilera pleaded guilty to conspiring to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) and aiding and abetting the distribution of methamphetamine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The presen-tence investigation report (PSR) calculated a Guidelines range of 135-168…