United States v. Henderson

MEMORANDUM **

Otis Charles Henderson (Henderson) appeals his conviction and sentence, pursuant to a guilty plea, for violating 21 U.S.C. §§ 841 and 846.

1. Any error regarding the possible application of 21 U.S.C. § 862a was not “so clear cut, so obvious, that a competent district judge should [have] be[en] able to avoid it without benefit of objection.” United States v. Brigham, 447 F.3d 665, 669 (9th Cir.2006) (alteration and footnote reference omitted). 1 The evidence against Henderson was sufficiently “overwhelming” and he did not even bargain for the minimum sentence. See United States v. Valensia, 299 F.3d 1068, 1075 (9th Cir. 2002) (citation omitted).

2. The district court did not plainly err in finding a sufficient factual basis that Henderson entered into an agreement with bona fide conspirators, given Henderson’s reference to participants other than the government agent and the informant. See United States v. Garcia, 151 F.3d 1243, 1245 (9th Cir.1998).

3. The district court did not plainly err in finding a sufficient factual basis to support a drug amount in excess of 50 grams, and that this amount was either within the scope of the agreement, or reasonably…