United States v. Thomas Riley

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NOT FOR PUBLICATION AUG 27 2013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