United States v. Anthony Boykin

Good Law
785 F.3d 1352·2015 WL 2343605·2015 U.S. App. LEXIS 8102
United States Court of Appeals for the Ninth CircuitMay 18, 201513-10248California4,528 words

Opinion

Opinion

Lynn, J.

This appeal arises from a series of controlled drug purchases conducted over a period of nearly seven months during 2006 and 2007.

At trial, the defendant, Anthony Boykin (“Boykin”), was convicted on five counts of distribution of methamphetamine, one count of distribution of cocaine, and one count of conspiracy to distribute. His appeal challenges the sufficiency of the evidence on Count Six, one of the counts for distribution of methamphetamine. He also challenges his sentence, arguing that the district court erred in (1) not departing downward for sentencing manipulation; (2) not finding his criminal history to be overstated; and (3) not sustaining objections to certain sentencing enhancements.

The Court finds the evidence was sufficient to convict Boykin on Count Six. While the Court finds deeply troubling the conduct of the involved law enforcement agencies, the improprieties do not warrant reversal due to sentencing manipulation. Finally, the Court finds it was not an abuse of discretion for the district court to find the defendant’s criminal history to be accurately stated, nor for it to apply the enhancements challenged. Therefore, we affirm the district court’s…

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