United States v. Francisco Jimenez Recio, United States of America v. Adrian Lopez-Meza

Opinion by Judge BROWNING; Dissent by Judge GOULD

*1096JAMES R. BROWNING, Circuit Judge:

This case comes to us on remand from the United States Supreme Court. In United States v. Jimenez Recio, 537 U.S. 270, 123 S.Ct. 819, 154 L.Ed.2d 744 (2003) (Redo II), the Supreme Court overruled this Circuit’s criminal conspiracy rule as set forth in United States v. Cruz, 127 F.3d 791 (9th Cir.1997). The Court reversed our judgment in United States v. Jimenez Recio, 258 F.3d 1069 (9th Cir.2001) (Recio I), insofar as that case relied on Cruz’s holding and remanded for further proceedings consistent with its…