United States Ninth Circuit

Conviction for one count of distribution of methamphetamine (Count 6) and sentence imposed for five counts of distribution of methamphetamine, one count of distribution of cocaine, and one count of conspiracy to distribute are affirmed where:1) the evidence was sufficient to support the conviction on Count 6, as to which the jury was instructed on an aiding and abetting theory of liability; 2) the existence of an FBI memo did not require the district court to conclude that the investigators extended an investigation solely to enhance defendant's sentence; and 3) it was not an abuse of discretion to find the defendant's criminal history to be accurately stated, and the court did not err in applying an enhancement for firearms possession.

Appellate Information

• Decided 05/18/2015
• Published 05/18/2015

Judges

• Lynn

Court

• United States Ninth Circuit

Counsel