United States v. Princeton Jamaal Perry

637 F. App'x 329

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 12, 2016
• Docket: 15-30094
• Status: Unpublished

Opinion

MEMORANDUM ***

Princeton Perry appeals his sentence imposed for conspiring to distribute oxyco-done-based pills in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and we affirm.

The district court did not err by including drugs attributable to Inaliel Lisbey in calculating Perry’s base offense level. “[I]n the case of a jointly undertaken criminal activity ... all reasonably foreseeable acts and omissions of others in furtherance of the jointly undertaken criminal activity” shall be factored in when calculating a defendant’s offense levels U.S.S.G. § lB1.3(a)(l)(B) (2014). The district judge reasonably concluded that Perry and Lis-bey were working together during the relevant period of the conspiracy, and that therefore the drugs attributable to Lisbey were within the scope of their jointly undertaken criminal activity and reasonably foreseeable to Perry. See United States v. Treadwell, 693 F.3d 990, 1004 (9th Cir. 2010).

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir, R. 36-3.