Garcia-Guizar

Conrado Garcia-Guizar appeals from his resentencing by the district court pursuant to his conviction on four drug counts under 21 U.S.C. § 841 and one count of criminal forfeiture under 21 U.S.C. § 853 (a)(1). We affirm.

Two major questions are presented. First, the district court’s finding of drug quantity under 21 U.S.C. § 841 (b)(1), which was made at sentencing under a preponderance-of-the-evidence standard, was error under Apprendi v. New Jersey, _ U.S. _, 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because it increased the statutory maximum sentence beyond that which the jury’s findings could support. We do not notice that error on plain error review, however, because the Apprendi error did not affect Garcia’s substantial rights. See United States v. Nordby, 225 F.3d 1053, 1060 (9th Cir.2000).

Second, the district court on resentenc-ing corrected an error in the method of calculating the amount of drugs establishing Garcia’s base offense level at his original sentencing, with the result that Garcia’s new sentence was 33 months longer than his original sentence. We conclude that the correction of this error did not evidence vindictiveness or violate due process; we therefore…