Glasgow

*525 MEMORANDUM **

A jury convicted Anthony Glasgow of possession of five grams or more of a substance containing cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(B)(iii). Glasgow appealed his original sentence, and this court remanded pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). On remand, the district court resentenced Glasgow to seventy-seven months. Glasgow appeals, arguing that (1) the sentence was flawed under United States v. Hollis, 490 F.3d 1149 (9th Cir.2007) because the record does not support a finding that Glasgow was convicted of possessing crack cocaine; (2) the district court failed, as a procedural matter, to address Glasgow’s non-frivolous arguments under 18 U.S.C. § 3553 (a); and (3) the sentence was substantively unreasonable. We affirm.

A. Charging Error

When an indictment charges a defendant with possession of cocaine base in general rather than specifying crack cocaine, the district court must determine whether that error was harmless beyond a reasonable doubt. Hollis, 490 F.3d at 1157 . After reviewing the entirety of the record, we conclude that there is overwhelming and uncontroverted evidence that the…