USA V. CHRISTOPHER BRADLEY, No. 13-50113 (9th Cir. 2014)

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The court issued a subsequent related opinion or order on August 28, 2014.

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUN 02 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50113 D.C. No. 2:12-cr-00389-DDP-3 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). 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, the district 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 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 2 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. 3

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