Gradinariu

MEMORANDUM *

Daniel Gradinariu (“Gradinariu”) appeals his conviction of conspiracy to pos *543 sess with intent to distribute and to distribute methamphetamine in violation of 21 U.S.C. § 846 , and possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(vffl), for which he was sentenced to 70 months imprisonment. Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (b) and we vacate in part, affirm in part and remand.

The Sentence

The parties agree that the district court erred in imposing a 70-month sentence because the court was required to impose a ten-year sentence pursuant to 21 U.S.C. §§ 841 (b)(l)(B)(viii) and 851(a)(1). The 70-month sentence is vacated and we remand for re-sentencing.

The Confrontation Clause Issue

Gradinariu argues that the district court committed a Confrontation Clause error when it precluded defense counsel from cross-examining witness Magallon regarding the 15-year mandatory minimum sentence he faced but for his cooperation with the…