Ceron

United States v. Ceron

Good Law
286 F. App'x 974
United States Court of Appeals for the Ninth CircuitJuly 18, 2008Nos. 07-30239, 07-30240California731 words

Opinion

Lead Opinion

MEMORANDUM ***

Desmon Cerón appeals his 188-month sentence, and Steven Jones appeals his conviction and 240-month sentence, for conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We affirm.

The district court did not clearly err in its drug quantity finding with respect to Cerón. While the co-conspirator witnesses were cooperating with the government and stood to gain by their testimony, their testimony bore sufficient indicia of reliability to support the drug quantity finding. See United States v. Alvarez, 358 F.3d 1194, 1213 (9th Cir. 2004); United States v. Vought, 69 F.3d 1498, 1503 (9th Cir.1995). All the witnesses testified under oath and subject to cross-examination. All the witnesses remembered a similar number of delivery trips, and no witness remembered less than one or more than two pounds of methamphetamine involved in any single trip. Even if the district court had clearly erred in its quantity finding, that error was harmless because there is ample evidence that Cerón was responsible for enough methamphetamine to correspond to the base offense level applied by the district court. See Alvarez, 358 F.3d at 1213 . That quantity…

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