Vargas

MEMORANDUM *

Jose Alfredo Vargas was convicted by jury and sentenced to four concurrent life terms of imprisonment on charges related to a conspiracy to import, possess, and distribute large quantities of cocaine. On appeal, he challenges both the admission of a taped conversation with an informant and his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 *82 U.S.C. § 3742 (a), and we affirm the conviction but order a limited remand to reexamine the sentence.

The district court did not abuse its discretion when it admitted the taped conversation between Vargas and an informant as subsequent bad act evidence pursuant to Federal Rules of Evidence (“Rule”) 404(b). United States v. Castillo, 181 F.3d 1129, 1134 (9th Cir.1999) (stating standard); see also United States v. Bibo-Rodriguez, 922 F.2d 1398, 1400 (9th Cir.1991) (noting that subsequent bad acts are treated the same as prior bad acts for purposes of Rule 404(b)). Nor did the district court err in determining that the taped conversation was relevant to the crime charged. Id.; see also United States v. Smith, 282 F.3d 758, 768 (9th Cir.2002).

After determining that the evidence was admissible pursuant to Rule…