United States v. Christopher Bradley , 584 F. App'x 700 ( 2014 )

FILED
UNITED STATES COURT OF APPEALS AUG 28 2014
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-50113
Plaintiff - Appellee, D.C. No. 2:12-cr-00389-DDP-3
Central District of California,
v. Los Angeles
CHRISTOPHER ROLAND BRADLEY,
ORDER WITHDRAWING
Defendant - Appellant. MEMORANDUM DISPOSITION
AND DENYING PETITION FOR
REHEARING AND
SUGGESTION FOR
REHEARING EN BANC
Before: NOONAN, WARDLAW and FISHER, Circuit Judges.
The memorandum disposition filed June 2, 2014 is withdrawn. A
superseding memorandum disposition is being filed concurrently with this order.
With these amendments, the panel has unanimously voted to deny the
petition for rehearing. Judge Wardlaw has voted to deny the petition for rehearing
en banc, and Judges Noonan and Fisher have so recommended. The full court has
been advised of the petition for rehearing en banc and no judge has requested a
vote on whether to rehear the matter en banc. Fed. R. App. P. 35.
Defendant-Appellant’s petitions for rehearing and rehearing en banc are
DENIED. No additional petitions for rehearing or rehearing en banc may be filed.
FILED
NOT FOR PUBLICATION AUG 28 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50113
Plaintiff - Appellee, D.C. No. 2:12-cr-00389-DDP
v.
MEMORANDUM*
CHRISTOPHER ROLAND BRADLEY,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Argued and Submitted May 14, 2014
Pasadena, California
Before: NOONAN, WARDLAW and FISHER, Circuit Judges.
Christopher Bradley appeals his sentence for conspiracy to distribute and
possess with intent to distribute oxycodone and oxymorphone. We affirm.
The district court did not clearly err in attributing the entire amount of
oxycodone found at his coconspirators’ stash house to Bradley for purposes of
determining his offense level. See United States v. Palafox-Mazon, 198 F.3d 1182,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
1184, 1186 (9th Cir. 2000) (holding that the determination of the quantity of drugs
that should be attributed to an individual member of a conspiracy is a factual
finding reviewed for clear error). Under the Sentencing Guidelines, Bradley “is
accountable for all quantities of contraband with which he was directly involved
and . . . all reasonably foreseeable quantities of contraband that were within the
scope of the criminal activity” that he “agreed to jointly undertake (i.e., the scope
of the specific conduct and objectives embraced by [his] agreement).” United
States Sentencing Guidelines Manual (U.S.S.G.) § 1B1.3 cmt. n.2; see United
States v. Ortiz, 362 F.3d 1274, 1275-77 (9th Cir. 2004). A court “may consider
any explicit agreement or implicit agreement fairly inferred from the conduct of the
defendant and others” to determine “the scope of the specific conduct and
objectives embraced by the defendant’s agreement.” U.S.S.G. § 1B1.3 cmt. n.2.
Here, reviewing de novo the district court’s interpretation and application of
the Guidelines, we hold that the court applied the correct legal standard and made
an “individualized evaluation” of the amount of contraband that should be
attributed to Bradley under the Guidelines. United States v. Garcia-Sanchez, 189
F.3d 1143, 1147 (9th Cir. 1999). Based on the “totality of the circumstances and
the course of dealings over about a year or so between the parties,” including the
“overwhelmingly suspicious” mailings, the court found that the quantity of
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relevant drugs recovered from the stash house was both in furtherance of, and
reasonably foreseeable in connection with, the criminal activity jointly undertaken
by Bradley. U.S.S.G. § 1B1.3 cmt. n.2. The district court did not hold Bradley
accountable for several other quantities of contraband that were part of the
conspiracy, or a firearm that was found at his coconspirators’ residence. Taken as
a whole, these findings are not clearly erroneous.
AFFIRMED.
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