Islas

MEMORANDUM ***

Alejandro Fidel Islas appeals his conviction and sentence for bringing an alien into the United States, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and (iii) and 18 U.S.C. § 2 . This court has jurisdiction under 28 U.S.C. § 1291 . The district court’s ruling that a material witness was unavailable under Fed.R.Evid. 804(a)(5) is reviewed for abuse of discretion. See United States v. Yida, 498 F.3d 945, 958-61 (9th Cir.2007). The admission of the material witness’ deposition is reviewed de novo. United States v. Nielsen, 371 F.3d 574, 581 (9th Cir.2004); see also United States v. Provencio, 554 F.2d 361, 363 (9th Cir.1977). The district court’s factual findings in calculating the advisory sentencing guidelines are subject to the clear error standard. United States v. Mohamed, 459 F.3d 979, 985 (9th Cir.2006).

The district court did not abuse its discretion in finding the government acted reasonably and in good faith in attempting to secure the presence of the material witness. See Yida, 498 F.3d at 957-58 . A trial subpoena was served two weeks before trial, the government obtained a court order for her videotaped deposition, Islas did not object to the witness’…