Kohl

MEMORANDUM *

Curtis Leory Kohl appeals his convictions for possession with intent to distribute methamphetamine and cocaine, in violation of 21 U.S.C. § 841 (a), and for possessing a firearm in relation to drug trafficking, in violation of 18 U.S.C. § 924 (c). He claims that his convictions cannot be sustained because the government’s indictment specifically alleged that he possessed with intent to distribute at least five hundred grams of the charged drugs, yet the jury returned a special verdict finding the government had failed to prove this allegation beyond a reasonable doubt. Kohl also claims that, even if sufficient evidence supports his convictions, the district court erred by sentencing him under the advisory United States Sentencing Guidelines (Guidelines) and by determining drug quantity for sentencing purposes based on hearsay statements. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. We review de novo the district court’s denial of Kohl’s motion for acquittal. See United States v. Toliver, 351 F.3d 423 , 430 n.4 (9th Cir.2003). Compliance with the due process requirement specifically to allege drug quantity when seeking heightened penalties…