Did the Ninth Circuit err in failing to vacate the district court's order based on clearly erroneous facts?

Questions Presented 1. Did the Ninth Circuit err in failing to vacate the district court’s order because the court based its analysis on two clearly erroneous facts—the amount of methamphetamine that could have been produced from the pseudoephedrine involved in the case, and the custodial status of the only other co-defendant to take the case to trial? 2. Did the Ninth Circuit err in failing to recognize the district court’s abuse of discretion where it concluded that Mr. Herrera’s age and health conditions did not warrant release under § 3553(a)? iii Statement of