Fleming

MEMORANDUM *

Lawrence M. Fleming, a resident of Saipan, appeals from his January 6, 2003 conviction and sentence for conspiracy to possess with intent to distribute methamphetamine (“ice”) in violation of 21 U.S.C. §§ 846 and 841(a)(1). Fleming’s principal contention is that his previous acquittal on the substantive offense of possession with intent to distribute methamphetamine barred the government from retrying him for the related conspiracy offense. This contention is meritless and we have squarely rejected it because a “substantive crime and a conspiracy to commit that crime are not the same offense for double jeopardy purposes.” United States v. Saccoccia, 18 F.3d 795, 798 (9th Cir.1994) citing United States v. Felix, 503 U.S. 378, 390 , 112 S.Ct. 1377 , 118 L.Ed.2d 25 (1992).

Additionally, Fleming claims error in certain evidentiary rulings made by the district court. The district court properly admitted the testimony of Jung Yao Tsai regarding Yan Xu because a statement by a co-conspirator made to further the conspiracy is non-hearsay and is admissible *119 against other members of the conspiracy. FecLR.Evid. 801(d)(2)(E); United States v. Crespo de Llano, 838 F.2d 1006,…