Dablan

MEMORANDUM **

Khalid Dablan appeals from the 70-month sentence imposed following his guilty plea to conspiracy to aid and abet the manufacture of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A), and 846. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand.

Dablan contends that the district court violated his Sixth Amendment right to jury trial by determining that the relevant drug quantity for purposes of his base offense level was beyond the amount of 50 grams of methamphetamine stipulated to in the plea agreement. We reject this contention. See United States v. Rosacker, 314 F.3d 422, 430 (9th Cir.2002); see also United States v. Kilby, 443 F.3d 1135, 1140-41 (9th Cir.2006).

Dablan also asserts that the district court abused its discretion by finding that Allen Barbour, a forensic chemist, was not qualified to testify as an expert witness for the defense. However, Dablan has not shown any error or resulting prejudice in this regard. See 28 U.S.C. § 2111 (error not affecting substantial rights must be disregarded); see also United States v. Morales, 108 F.3d 1031, 1040 (9th Cir.1997) (holding that harmless error review applies if…