Cruzagosto

MEMORANDUM *

Ricardo Cruzagosto appeals both his conviction for conspiracy to possess and distribute cocaine and cocaine base in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and his mandatory life sentence under 21 U.S.C. § 841 (b)(1)(A). We affirm the conviction but vacate the sentence and remand for resentencing.

1. On Cruzagosto’s sole challenge to his conviction, we conclude that the district court properly denied his request that the jury be given a “multiple conspiracies” instruction. Because Cruzagosto was tried alone, there was no possibility of prejudicial spillover requiring such instruction. United States v. Anguiano, 873 F.2d 1314, 1317-18 (9th Cir.1989).

2. The government’s notice of convictions to be relied upon at sentencing satisfies 21 U.S.C. § 851 . The second line item lists arrest information, but the notice also expressly states that the listed offenses are “convictions to be relied upon for sentencing.” The information listed in the second line item is also accurate and constitutes “sufficient facts [to enable] a rational defendant [to] identify the prior conviction and make an informed decision about whether to challenge the substance of the…