United States Ninth Circuit

Convictions and sentence for possession of cocaine with intent to distribute, distribution of cocaine, and two counts of maintaining a drug-involved premises are: 1) affirmed in part as to the possession charge where defendant's multiple challenges are rejected; 2) vacated in part, the distribution count because it was duplicitous in that it joined two or more distinct and separate offenses into a single count; 3) vacated in part as to the convictions for maintaining a drug-involved premises because the district court committed plain error by utilizing a "significant purpose” instruction rather than a "primary or principal use" instruction; and 4) affirmed in part, where the district court did not err in its drug quantity calculation or its determination that defendant did not qualify for a minor role reduction. On the government's cross-appeal, the district court erred in denying the government's forfeiture motion, because the district court's failure to inquire, before the jury began deliberating, whether either party requested a jury determination on the nexus between the property sought and the crime was harmless.

Appellate Information

• Decided 05/01/2013
• Published 05/01/2013

Judges

• BEA

Court

• United States Ninth Circuit

Counsel