Clarke

MEMORANDUM *

Renford Clarke pled guilty to conspiracy to distribute controlled substances in violation of 21 U.S.C. §§ 846 and 841(a)(1). He challenges his conviction on the grounds that: (1) the district court did not inform him at his change of plea hearing that the government would be required to prove drug quantity to a jury beyond a reasonable doubt; (2) the district court failed to inform him that the mandatory minimum and maximum penalties were tied to drug quantity and (3) the safety valve provision did not apply as the parties anticipated it would. We affirm.

*971 Where a finding of drug quantity exposes a defendant to a higher statutory maximum than he would otherwise face, Federal Rule of Criminal Procedure 11(c)(1) requires the district court to advise the defendant that the government must prove quantity to a jury beyond a reasonable doubt. United States v. Minore, 292 F.3d 1109, 1117 (9th Cir.2002). The district court’s failure to do so here constituted error, which was “plain.” Id. at 1118 . Moreover, the error affected Clarke’s substantial rights because he was not aware when he entered his plea that he could make the government prove his responsibility for the…