United States v. Mancuso, No. 12-30174 (9th Cir. 2013)Annotate this Case
Defendant was a dentist who was charged with crimes relating to cocaine possession and distribution. On appeal, defendant challenged his convictions and sentence imposed for one count of possession of cocaine with intent to distribute, one count of distribution of cocaine, and two counts of maintaining a drug-involved premises. The government cross-appealed the district court's denial of forfeiture of the seized equity from the sale of defendant's home. The court affirmed defendant's conviction for possession of cocaine with intent to distribute; affirmed the district court's determination of the drug amount and refusal to grant a minor role adjustment; vacated the distribution count because it was duplicitous; vacated the convictions for maintaining drug-involved premises because the district court committed plain error by utilizing a "significant purpose" instruction rather than a "primary or principal use" instruction; and reversed the district court's denial of the government's forfeiture motion. The court remanded for further proceedings.