Chase

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30242 Plaintiff-Appellee, v.  D.C. No.

CR-03-00028-DWM

DAVID TORO CHASE,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted June 4, 2007—Seattle, Washington

Filed August 27, 2007

Before: Harry Pregerson, Warren J. Ferguson, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ferguson

10569 10572 UNITED STATES v. CHASE

COUNSEL

John Rhodes, Assistant Federal Defender, Missoula, Montana, for the defendant-appellant.

Joshua S. Van de Wetering, Assistant United States Attorney, Missoula, Montana, for the plaintiff-appellee.

OPINION

FERGUSON, Circuit Judge:

Defendant-Appellant David Toro Chase (“Chase”) appeals his sentence for conviction of conspiracy to manufacture methamphetamine. Chase contends that: (1) the district court erred in denying his request for an expert; (2) the court based its determination of drug quantity on unreliable evidence; and (3) the sentence was greater than…