Gonzalez-Carvajal

MEMORANDUM *

Defendant Juan Gonzalez-Carvajal (Gonzalez) appeals his conviction for attempting to enter the United States after deportation, in violation of 8 U.S.C. § 1326 . We affirm his conviction. Gonzalez also appeals his sentence. We vacate his sentence and remand for resentencing. See United States v. Beng-Salazar, 452 F.3d 1088 (9th Cir.2006).

*667 I. Expert Testimony

The district court did not abuse its discretion in limiting the expert testimony of Dr. MacFarlane. “A district court’s rulings on the admissibility of expert testimony ... will be reversed only if ‘manifestly erroneous.’ ” United States v. Han-key, 203 F.3d 1160, 1167 (9th Cir.2000). Dr. MacFarlane was allowed to testify about the effects of certain drugs on people in general, but not about the effects of certain drugs on Gonzalez in particular. When Gonzalez proffered Dr. MacFarlane’s testimony at trial there was no testimony or other evidence that Gonzalez was under the influence of any drugs at the time of the offense. Gonzalez never testified. The best indication of Gonzalez’s purported drug use at the time of the offense was Gonzalez’s own report of such use to Dr. MacFarlane in connection with Dr.…