Hightower

MEMORANDUM *

James Hightower and Paul Manning Walker were charged with conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1) and manufacturing methamphetamine in violation of § 841(a)(1). In addition, Walker alone was charged with possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Hightower pled guilty to the conspiracy charge, and Walker was convicted of all three counts after a jury trial. Hightower appeals his sentence and Walker appeals both his conviction and his sentence. We affirm Hightower’s sentence but reverse Walker’s conviction.

I

Hightower argues that the district court committed clear error at his sentencing when it found that the scope of the conspiracy was to manufacture more than 100 grams of methamphetamine and sentenced him in accordance with that finding.

“Whether the method adopted by the district court to approximate the relevant quantity of drags is proper under the guidelines is ... reviewed de novo.” United States v. August, 86 F.3d 151, 153 (9th Cir.1996). “Findings of fact underlying a sentence are reviewed for clear error.” United States v. Upshaw, 918 F.2d 789, 791 (9th…