United States v. Joseph Jayne, Jr. , 693 F. App'x 704 ( 2017 )

FILED
NOT FOR PUBLICATION JUL 17 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30147
Plaintiff-Appellee, D.C. No. 6:15-cr-00011-CCL
v.
MEMORANDUM*
JOSEPH DEAN JAYNE, Jr.,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Joseph Dean Jayne, Jr., appeals from the district court’s judgment and
challenges the 150-month sentence imposed following his guilty-plea conviction
for conspiracy to possess with intent to distribute and to distribute
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
methamphetamine, in violation of 21 U.S.C. § 846. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Jayne contends that the district court erred by imposing a two-level
enhancement for his leadership role in the offense under U.S.S.G. § 3B1.1(c). We
review a district court’s determination that a defendant was an organizer or leader
for purposes of applying a sentence enhancement for abuse of discretion. See
United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th Cir. 2017) (en banc). The
undisputed facts in the presentence report reflect that Jayne procured the drugs
from suppliers for others to transport and distribute, and had another co-conspirator
act as his “muscle.” This evidence supported a finding that Jayne had “the ability
and influence necessary to coordinate the activities of others to achieve the desired
result, whether or not [he had] a superior rank in a criminal hierarchy.” United
States v. Doe, 778 F.3d 814, 824 (9th Cir. 2015).
AFFIRMED.
2 16-30147