United States v. Thomas Riley ( 2013 )


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  •                                                                              FILED
    NOT FOR PUBLICATION                              AUG 27 2013
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                         U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                         No. 12-30193
    Plaintiff - Appellee,               D.C. No. 3:09-cr-00047-TMB-1
    v.
    MEMORANDUM*
    THOMAS M. RILEY,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the District of Alaska
    Timothy M. Burgess, District Judge, Presiding
    Argued and Submitted August 14, 2013
    Anchorage, Alaska
    Before:       KOZINSKI, Chief Judge, BERZON and IKUTA, Circuit Judges.
    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
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    page 2
    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
    

Document Info

Docket Number: 12-30193

Judges: Kozinski, Berzon, Ikuta

Filed Date: 8/27/2013

Precedential Status: Non-Precedential

Modified Date: 10/19/2024