Loya-Chavez

*629 MEMORANDUM

Appellant Loya-Chavez appeals his conviction for conspiracy to distribute methamphetamine, 21 U.S.C. § 846 , possession with the intent to distribute, 21 U.S.C. § 841 (a)(1), and aiding and abetting in distribution, 18 U.S.C. § 2 , resulting in a sentence of 360 months in custody, followed by ten years of supervised release. Loya-Chavez claims that certain co-conspirator hearsay statements were improperly admitted, and that certain other hearsay statements were improperly excluded. Loya-Chavez also claims in supplemental briefing that the district court committed an error in sentencing under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Finally, we do not reach Loya-Chavez’ claim of ineffective assistance of counsel.

1. Admitted hearsay statements

A co-conspirator’s statement is admissible against a defendant under the Federal Rules of Evidence if “a conspiracy existed at the time the statement was made; the defendant had knowledge of, and participated in, the conspiracy; and the statement was made in furtherance of the conspiracy.” United States v. Bowman, 215 F.3d 951, 960-61 (9th Cir.2000); see Fed.R.Evid. 801(d)(2)(E). A…