Grant

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT DEC 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 23-2525 D.C. No. Plaintiff-Appellee, 1:22-CR-00069-LEK-1 v.

ORDER

WILLIAM GRANT,

Defendant-Appellant.

Before: MURGUIA, Chief Judge, and GRABER and MENDOZA, Circuit Judges.

The memorandum disposition filed on October 24, 2024, is hereby amended

as follows. Footnote 1 on page 2 is deleted in its entirety and replaced with the

following:

On October 2, 2024, Grant filed a Motion for Miscellaneous Relief, asserting that the 23.8 grams figure may have improperly included the weight of the patch. Dkt. 29. Grant did not raise this argument in his opening brief and mentions it in his reply brief only in passing, seemingly misconstruing the Government’s position. As he urges in his reply brief, his “primary argument on appeal is that the district court erred in determining his guideline range, by ignoring the dosage amount on the . . . fentanyl patches[.]” Because Grant failed to challenge the inclusion of patch weight in his opening brief, the issue…