United States Ninth Circuit

Defendant's drug and firearm convictions and sentence are affirmed where: 1) the district court's erroneous jury instruction omitting the dangerous or deadly weapon element of 18 U.S.C. section 111 was harmless error that did not affect defendant's substantial rights; 2) the district court clearly separated an officer's testimony into a first "phase" consisting of his percipient observations, and a second "phase" consisting of his credentials in the field of drug trafficking and expert testimony regarding the modus operandi of drug traffickers; and 3) the district court did not abuse its discretion in applying a six-level official victim sentencing enhancement under U.S.S.G. section 3A1.2 or fail to make the necessary findings of fact when defendant objected to the enhancement in the Presentence Report.

Appellate Information

• Decided 12/30/2009
• Published 12/30/2009

Judges

• Before ROBERT R. BEEZER, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• James Barkeley, Assistant U.S., Frank V. Russo, Assistant U.S., Christine M. Thoreson, Special Assistant U.S., Office of the U.S. Attorney, Anchorage, AK, for Plaintiff-Appellee., Michael D. Dieni, Assistant Federal Public Defender, Federal Public Defender's Office, Anchorage, AK, for Defendant-Appellant.