Khamsomphou

Sompong Khamsomphou appeals her 63 month sentence imposed after she pled guilty to one count of conspiracy under 18 U.S.C. § 371 , and a jury found her guilty of conspiracy to tamper and tampering with a witness under 18 U.S.C. §§ 371 and 1512(b)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and affirm in part and vacate in part.

1. Sufficiency of the evidence.

Viewing the evidence presented against Khamsomphou in the light most favorable to the government, see United States v. Khatami, 280 F.3d 907, 910 (9th Cir.2002), we find that Khamsomphou’s convictions were supported by sufficient evidence.

On the conspiracy to tamper with a witness charge, the jury heard that Lisa Chanthaseng planned to testify in the upcoming bank fraud trial, that Khamsomphou and her boyfriend Wesley Flowers had conspired with each other to prevent Chanthaseng from testifying by “scaring [her] off,” and that on February 23, 2002, Khamsomphou cómmitted an overt act in furtherance of the conspiracy by paying a hitman $500 and providing information about Chanthaseng’s whereabouts so that he could intimidate Chanthaseng and her boyfriend into leaving town.

As to the witness…