United States v. William Barrow

MEMORANDUM

William Barrow appeals the district court’s sentence after his guilty plea to one count of conspiracy to possess with intent to distribute heroin and methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846.

1. Barrow contends that the district court erred in counting the methamphetamine seized from his girlfriend at the detention center in the calculation of total drug quantity when determining his relevant conduct. When determining the drug quantity for which Barrow is responsible, the district court must consider “all quantities of contraband with which he was directly involved and, in the case of a jointly undertaken criminal activity, all reasonably foreseeable quantities of contraband that were within the scope of the criminal activity that he jointly undertook.” United States v. Whitecotton, 142 F.3d 1194, 1197 (9th Cir.1998) (quoting U.S. Sentencing Guidelines Manual § 1B1.3 cmt. n. 2 (2014)). The district court applied the correct legal standard and did not abuse its discretion in finding it reasonably foreseeable that Barrow was responsible for the drugs possessed by his girlfriend, which were part of the conspiracy-

2. Barrow next contends that the…