Jordan

MEMORANDUM *

Allen Ray Jordan appeals the sentence imposed following his conviction on three counts related to manufacturing methamphetamine. We affirm.

I

Jordan’s related arguments with respect to laboratory capacity fail. The district court’s finding by clear and convincing evidence that the laboratory was capable of manufacturing at least 3 kilograms of methamphetamine is well supported by the range of expert estimates at trial (from 11.6 grams of pure methamphetamine based on the amount of ephedrine and pseudoephedrine seized, to 36 kilograms based on an analysis of 16 gallons of a drug solution). Both application note 12 to USSG § 2D1.1, which is authoritative within the Guidelines scheme, Stinson v. United States, 508 U.S. 36, 42-43 , 113 S.Ct. 1913 , 123 L.Ed.2d 598 (1993), and case law indicate that the district court could arrive at drug quantity for purposes of setting the offense level by estimating laboratory capacity, see United States v. August, 86 F.3d 151, 154-55 (9th Cir.1996). *691 Because Jordan’s sentences are within the statutory maximum, Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), is not implicated by the finding of…