United States v. David Sahakian

MEMORANDUM

Sahakian appeals his RICO conspiracy conviction, 18 U.S.C. § 1962 (d), and twenty-year sentence. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and affirm.

I

Sahakian argues that the district court could not sentence him based on a finding of drug distribution when there was no special verdict form and there was evidence that would have warranted a lesser penalty. To the extent he makes an Apprendi argument, it fails as he was sentenced within the statutory maximum. See 18 U.S.C. §§ 1962 (d), 1963(a). Nor did the district court err in determining the career offender enhancement based on drug distribution rather than, as Sahakian suggests, gambling evidence that was also adduced at trial. The court properly looked to the indictment and instructions on Count 2, the only count of conviction. See United States v. Piccolo, 441 F.3d 1084, 1087 (9th Cir.2006) (applying the categorical approach to determine whether an offense is a “crime of violence” or for a “controlled substance”); Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990) (permitting courts to look at the indictment and instructions under the modified…