[T][U] United States v. Lopez

MEMORANDUM* Armando Lopez pled guilty to one count of conspiring to distribute and to possess with the intent to distribute
cocaine base in violation of 21 U.S.C. §§ 846 and 841(a)(1), and to three counts of aiding and abetting
and distributing cocaine base in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2. In this appeal,
Lopez contends that the district court erred by failing to grant him a two-level reduction for his role as a minor participant
pursuant to section 3B1.2(b) of the Sentencing Guidelines. Because it is unclear from the present record whether the district
court believed that Lopez was a minor participant, but, nevertheless, improperly denied him a two-level reduction, we vacate
the sentence and remand with instructions that the district court make specific findings of fact regarding whether Lopez's
role as a mere runner made him a minor participant in these crimes. I.