Fabel

MEMORANDUM *

Richard Allen Fabel appeals his convietion and sentence for participating in a Racketeer Influenced and Corrupt Organization (“RICO”), in violation of 18 U.S.C. § 1962 (c), and a RICO conspiracy, in violation of 18 U.S.C. § 1962 (d). We have jurisdiction under 28 U.S.C. § 1291 and *934 affirm Fabel’s conviction, but vacate his sentence and remand for resentencing.

I.

Viewed in the light most favorable to the government, the evidence is sufficient to show Fabel committed the three racketeering acts underlying the RICO verdict. See 18 U.S.C. §§ 1961 (1), (5); United States v. Fernandez, 388 F.3d 1199, 1221 (9th Cir.2004). First, the government proved Fabel sold a recustomized motorcycle, knowing the component containing the vehicle identification number (“VIN”) had been removed in order to conceal the motorcycle’s identity. The removal of the VIN violated state law, see Wash. Rev.Code § 46.12.300, and thus 18 U.S.C. § 2321 (a). See 18 U.S.C. § 2321 (b)(2); 18 U.S.C. § 511 (b)(2)(C).

Second, the evidence shows Fabel “knowingly ... obtained]” money and methamphetamine from a victim on the threat of death. See Wash. Rev.Code § 9A.56.110. The victim had “possession of’…