Vasquez

MEMORANDUM *

Abel Vasquez appeals his conviction and sentence -under 21 U.S.C. §§ 846 , 841(a)(1), 843(a)(7), and 18 U.S.C. § 2 , for conspiracy to aid and abet the manufacture of methamphetamine, and to distribute chemicals used to manufacture a controlled substance, knowing or having reasonable cause to believe that the chemicals be used to manufacture a controlled substance; aiding and abetting the manufacture of a substance containing a detectable amount of methamphetamine; and distributing chemicals used to manufacture a controlled substance, knowing or having reasonable cause to believe that the chemicals would be used to manufacture a controlled substance. Vasquez challenges his conviction on several different grounds.

Vasquez first argues that the evidence presented at trial was insufficient to sustain a guilty verdict against him. Next, he contends that the district court erred by failing to instruct the jury on critical elements of the offenses, by failing to grant his motion for judgment of acquittal, by sentencing him based on a quantity of drugs not found by the jury to be attributable to him, and by admitting the out-of-court statements of a co-defendant as a…