Robison

MEMORANDUM *

Appellants Lyle Douglas Robison and Robert Kay Johnston, along with several *493 others, were involved in a conspiracy to manufacture and distribute methamphetamine in violation of 21 U.S.C. §§ 841 and 846. The conspirators allegedly made methamphetamine at various sites throughout Montana and Idaho, over a period of nearly two years. After being arrested, all of the conspirators except Appellants pled guilty and agreed to cooperate with the government’s investigation. Robison proceeded to trial and was convicted; Johnston, however, pled guilty on the morning of his trial.

Appellants believe their sentences violate Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). They each raise various other arguments, which we address in turn.

DISCUSSION

I. ROBISON AND JOHNSTON’S AP-PRENDI ISSUES

As their principal argument, Robison and Johnston contend that their sentences violate Apprendi and United States v. Nordby, 225 F.3d 1053, 1058 (9th Cir.2000). Apprendi and Nordby hold that any fact, such as drug quantity, that increases a defendant’s sentence beyond the prescribed statutory maximum must be charged in an indictment and established by a…