Leong

MEMORANDUM **

Leong was convicted in the district court of (1) conspiracy to distribute methamphetamine, (2) attempt to distribute methamphetamine, and (3) possession with intent to distribute 50 grams or more of methamphetamine. He appeals, assigning three errors to the district court. First, he argues the district court erred when it admitted audio-taped conversations between Leong and a cooperating witness, Michael Alvarez, in violation of Leong’s Sixth Amendment right to confront adverse witnesses, because the prosecution did not call Alvarez as a witness and make him available for cross-examination. Second, he claims the district court erroneously denied Leong’s motion to disqualify Assistant U.S. Attorney (AUSA) Sorenson as a witness. Leong argues Sorenson’s testimony constituted improper vouching and violated the advocate-witness rule.' Third, Leong argues the district court improperly allowed the prosecution, during closing arguments, to vouch for evidence. We affirm the district court’s ruling on each of these issues.

The United States cross-appeals, challenging Leong’s sentence. It argues the district court made a clearly erroneous finding of fact when it concluded the…