Gaybor

MEMORANDUM *

Christian Gaybor appeals his conviction and sentence for interference with commerce by threats and violence, and brandishing a firearm in connection with a crime of violence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm Gaybor’s conviction, but vacate his sentence and remand for resen-tencing.

I. Conviction

Gaybor raises several challenges to the district court’s exclusion of proffered testimony from a “human factors” expert.

We review the exclusion of expert testimony under Fed.R.Evid. 702 for an abuse of discretion. United States v. Morales, 108 F.3d 1031, 1035 (9th Cir.1997). The proffered testimony regarding the effect of Gaybor’s inattentiveness and the armored car’s convex mirrors, did not con *563 cern subjects requiring “expert illumination.” United States v. Seschillie, 310 F.3d 1208, 1212 (9th Cir.2002); see United States v. Finley, 301 F.3d 1000, 1007 (9th Cir.2002) (explaining that expert testimony “must be beyond the common knowledge of the average layman”). While some courts have admitted expert testimony on identification and human factors, those cases do not compel a finding that the district court abused…