United States v. Thomas Riley

539 F. App'x 760

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 27, 2013
• Docket: 12-30193
• Status: Unpublished

Opinion

MEMORANDUM *

1. The district court didn’t clearly err in determining that Riley qualified for a sentence enhancement as “an organizer, leader, manager, or supervisor.” U.S.S.G. § 3B1.1(c); see also United States v. Mares-Molina, 913 F.2d 770, 773 (9th Cir.1990). At least one person mailed packages at Riley’s direction and opened a post office box in his name, at which Riley received shipments of cocaine. Riley sent the same person two kilograms of cocaine and instructed that the drugs be held pending his arrival. Because at least one criminally responsible person acted under Riley’s direction at least once, the enhancement was appropriate. United States v. Maldonado, 215 F.3d 1046, 1050 (9th Cir.2000); see also United States v. Cyphers, 130 F.3d 1361, 1363-64 (9th Cir.1997).

2. Because the organizer enhancement applies, and because Riley had little history of lawful employment and derived his income primarily from the sale of cocaine, the district court didn’t clearly err in applying the criminal livelihood enhancement. U.S.S.G. § 2D1.1(b)(14)(E); see also U.S.S.G. § 4B1.3 cmt. n. 2.

AFFIRMED.

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