O'Dell

MEMORANDUM *

Mr. William B. O’Dell pled guilty to conspiracy to distribute a listed chemical, pseudoephedrine, knowing or having reasonable cause to believe that the chemical would be used to produce methamphetamine, a controlled substance, in violation of 21 U.S.C. §§ 841 (c)(2) and 846; and knowing and willfully conspiring to launder monetary instruments with the intent to promote the illegal distribution of pseudoephedrine in violation of 18 U.S.C. § 1956 (h). On appeal, Mr. O’Dell argues that § 841(c)(2) is unconstitutionally vague as applied to his conduct, and that his sentence should be vacated because the district court confused two distinct requests for additional downward departures. We affirm because Mr. O’Dell waived his as-applied vagueness challenge by pleading guilty, and because the record is clear that the district court did not confuse Mr. O’Dell’s separate requests for a downward departure.

I

On March 21, 2003, Mr. O’Dell pled guilty to conspiracy to distribute a listed chemical knowing or having reasonable cause to believe that the chemical would be used to produce methamphetamine in violation of 21 U.S.C. §§ 841 (c)(2) and 846. Mr. O’Dell argues that the…