United States v. Randy Graves

FILED

NOT FOR PUBLICATION

MAR 11 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50289

Plaintiff-Appellee, D.C. No. 3:14-cr-01288-DMS-

v.

MEMORANDUM*

RANDY ALTON GRAVES,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, Chief District Judge, Presiding

Argued and Submitted February 13, 2024 Pasadena, California

Before: W. FLETCHER, NGUYEN, and LEE, Circuit Judges. Dissent by Judge LEE.

A jury convicted Defendant-Appellant Randy Graves of conspiracy to

distribute marijuana, conspiracy to distribute methamphetamine, and possession

with intent to distribute methamphetamine. This court vacated Graves’s life

sentence and remanded for re-sentencing. See United States v. Graves, 925 F.3d

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1036, 1038 (9th Cir. 2019).1 The district court re-sentenced Graves to 25 years in

prison.

Graves argues the district court erred at…