Cokonis

*611 MEMORANDUM *

Thomas Cokonis appeals his conviction under the two-count superceding indictment, which charged him with conspiracy to distribute a substance containing approximately five pounds of methamphetamine and distribution of approximately 40.6 grams of 98% pure “Ice” methamphetamine. He also appeals his 240-month sentence. As the parties are familiar with the facts of the case, we recount them only as necessary to support the court’s decisions. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court did not err by refusing to accept Cokonis’s proffered guilty plea in which he admitted the offense conduct charged in both counts but refused to admit the alleged drug quantities. We recognize that a defendant may generally plead to the elements of a drug offense without admitting the drug quantity, United States v. Patterson, 381 F.3d 859, 866 (9th Cir.2004); United States v. Thomas, 355 F.3d 1191, 1198 (9th Cir.2004), and that the sentencing court in such a case shall either empanel a jury to determine the quantity of the drugs, or, if the defendant has waived the right to a jury trial, the court shall make that finding beyond a reasonable doubt.…