Ziska

MEMORANDUM **

Shayne Allyn Ziska appeals from his bench-trial conviction for racketeering conspiracy, in violation of 18 U.S.C. § 1962 (d); aiding and abetting a violent crime in aid of racketeering (VICAR), in violation of 18 U.S.C. §§ 2 (a) and 1959(a)(3); and deprivation of rights under color of law, in violation of 18 U.S.C. § 242 . He also appeals from the 210-month sentence imposed following his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction but vacate and remand the sentence.

I

We review for abuse of discretion the district court’s admission of rebuttal evidence. United States v. Antonakeas, 255 F.3d 714, 724 (9th Cir.2001).

The rebuttal testimony of Vincent Cobbald and Ryan Ziska was admissible as impeachment by contradiction. 1 Fed. R.Evid. 607. Ziska opened the door to this rebuttal when his defense witnesses testified that he was opposed to drug use and not a racist. See United States v. Castillo, 181 F.3d 1129, 1133-34 (9th Cir.1999).

*719 Ziska contends that admission of the rebuttal testimony violated Federal Rule of Evidence 403. We reject Ziska’s claim. Ziska had a bench trial before an experienced district judge,…