Mertens

MEMORANDUM **

Robert L. Mertens appeals his conviction on drug and money laundering charges in the district court, as well as his sentence and the district court’s forfeiture order. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm his conviction, but order a limited remand for re-sentencing in light of United States v. Moreno-Hernandez, 419 F.3d 906 (9th Cir.2005).

Mertens first challenges his convictions by arguing that the charges presented to the jury were not the counts presented in the indictment, therefore violating his constitutional “right to be tried only on the charges included in the grand jury’s indictment.” United States v. Dipentino, 242 F.3d 1090, 1094 (9th Cir.2001). The jury in this case, however, voted on the same counts charged in the indictment, and therefore we see no plain error.

Mertens also argues that the district court did not make it clear to the jury that it had to agree unanimously regarding which events constituted a particular offense. In evaluating jury instructions, we must ensure that “[t]he instructions are considered as a whole [in order to] determine if they are confusing or inadequate.” United States v. Kessi, 868 F.2d…