Tofi

United States v. Tofi

Good Law
351 F. App'x 174
United States Court of Appeals for the Ninth CircuitSeptember 2, 2009No. 08-10505California273 words

Opinion

Lead Opinion

MEMORANDUM **

Ernest Lemaefe Tofi appeals from the 108-month sentence imposed following his guilty-plea conviction for attempt to possess with intent to distribute 500 grams or more of cocaine and conspiracy to possess with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(B), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Tofi contends that the district court erred by attributing quantities of cocaine to him based on money seized from a co-conspirator’s safe. The district court did not clearly err in calculating the drug quantity for which Tofi was responsible. See United States v. Alvarez, 358 F.3d 1194, 1212-13 (9th Cir.2004); see also United States v. Kilby, 443 F.3d 1135, 1142 (9th Cir.2006). Tofi’s contentions that the district court improperly shifted the burden of proof from the government, and violated Federal Rule of Criminal Procedure 32 by failing to resolve disputed issues as to drug quantity lack merit. See United States v. Gutierrez-Hernandez, 94 F.3d 582, 585 (9th Cir.1996).

Tofi also contends that the district court erred by failing to reduce his offense level *175 based on a third…

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