United States Ninth Circuit

Defendant's convictions for drug offenses are affirmed where sufficient evidence supported the conviction on a count for conspiring to distribute 500 grams or more of cocaine, as well as one count for possessing cocaine with the intent to distribute. However, the sentence is vacated pursuant to the government's cross-appeal where the district court erred in failing to impose a sentencing enhancement under 21 U.S.C. section 841(b)(1)(B).

Appellate Information

• Argued 04/13/2007
• Decided 02/13/2008
• Published 02/13/2008

Judges

• GUILFORD, District Judge:, Before:  ALEX KOZINSKI, Chief Judge, RAYMOND C. FISHER, Circuit Judge, and ANDREW J. GUILFORD, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Allen R. Bentley, Seattle, WA, for the defendant-appellant-cross-appellee., Todd L. Greenberg and Sarah Y. Vogel, Assistant U.S. Attorneys, John McKay, United States Attorney, Seattle, WA, for the plaintiff-appellee-cross-appellant.