Seaman

United States v. Seaman

Good Law
50 F. App'x 863
United States Court of Appeals for the Ninth CircuitNovember 13, 2002No. 02-30063; D.C. No. CR-01-84-GF-SEHCalifornia407 words

Opinion

Lead Opinion

MEMORANDUM *

Brandon Seaman appeals the sentence imposed after his guilty plea to one count of conspiracy to distribute methamphetamine. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The district court did not err by enhancing Seaman’s sentence pursuant to U.S.S.G. § 2Dl.l(b)(l), a decision which we review for an abuse of discretion. United States v. Berry, 258 F.3d 971, 976 (9th Cir.2001). Here, the district court provided Seaman with an opportunity to provide evidence in open court challenging the credibility of Nyre’s testimony. The district court considered the competing evidence and resolved the factual dispute against Seaman. Although Seaman contests the actual resolution, there is a sufficient factual basis for the enhancement for us to conclude that the district court did not abuse its discretion.

II

The district court did not clearly err in its calculation of methamphetamine attributable to Seaman. Seaman contends that the district court double-counted six to seven grams that Green testified he provided to Seaman. However, even if this issue were resolved in Seaman’s favor it would not…

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