Mascak

MEMORANDUM **

Victor Mascak challenges his conviction on two counts of dealing in firearms without a license in violation of 18 U.S.C. § 922 (a)(1)(A) and two counts of unlawful sale of firearms to out-of-state residents in violation of 18 U.S.C. § 922 (a)(5). In addition, Mascak appeals the forfeiture of his firearms and argues that he must be re-sentenced in light of United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). The government cross-appeals, challenging the district court’s downward departure. We affirm Mascak’s conviction, affirm the forfeiture, and remand the sentence in accordance with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).

I

We review the district court’s decision to transfer venue under Federal Rule of Criminal Procedure 18 for abuse of discretion. United States v. Scholl, 166 F.3d 964, 969 (9th Cir.1999). Given the record, the district court did not abuse its discretion in re-transferring venue to Portland. See Fed.R.Crim.P. 18; Scholl, 166 F.3d at 970 . Moreover, Mascak did not establish plain Sixth Amendment error arising from a right to a jury venire representing a fair cross-section of the community.…