Moreno

United States v. Moreno

Good Law
170 F. App'x 490
United States Court of Appeals for the Ninth CircuitMarch 13, 2006No. 05-30240California488 words

Opinion

Lead Opinion

MEMORANDUM **

Jamie Moreno appeals his sentence for his conviction of one count of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) & 846 following remand from the Supreme Court and this court for consideration of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 and affirm.

Moreno argues that the district court clearly erred by finding that drug sales made by Moreno were relevant conduct under U.S.S.G. § 2D1.1. We review for clear error the district court’s factual determination that the other drug sales were part of the same course of conduct as the conduct underlying the conviction. United States v. Hahn, 960 F.2d 903, 907 *492 (9th Cir.1992). Moreno’s argument that the district court improperly relied on a co-conspirator’s statements is without merit. The district court premised most of its findings on Moreno’s own admissions of drug dealing. Because Moreno’s admitted drug dealing involved similar drugs, the same parties involved in the conspiracy and occurred within the two years prior to the charged cocaine sale, the district court did not…

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