United States v. Leland Lapier, Jr.
679 F. App'x 637
| 9th Cir. | 2017Background
- Leland Lapier Jr. appealed his felony conviction for possession with intent to distribute methamphetamine following resentencing.
- At sentencing, the district court attributed 499 grams of a methamphetamine mixture to Lapier based on coconspirator testimony.
- Testimony: Louis Kanyid said he sold 3 to 3.5 pounds to Lapier; Robert Boucher said he sold 6 to 8 ounces to Lapier.
- The district court used the lower-end figures, credited 1013 grams to Lapier’s personal use, and selected a quantity just below the 500‑gram guideline breakpoint.
- Lapier also requested a two‑point minor role reduction under U.S.S.G. § 3B1.2; the district court denied the adjustment, finding Lapier at least an unmodified participant.
- Lapier argued on appeal that (1) the court misapplied the Culps factors in determining drug quantity and (2) the court erred in denying the minor‑role reduction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court clearly erred in calculating drug quantity under Culps | Lapier: court failed to apply Culps factors; quantity not proved by preponderance and evidence unreliable | Government: coconspirator testimony under oath and cross‑examined is sufficiently reliable; court erred on side of caution | Court affirmed: calculation not clearly erroneous and Culps factors satisfied |
| Whether district court erred in denying two‑point minor‑role reduction under U.S.S.G. § 3B1.2 | Lapier: he was a minor participant deserving two‑point reduction | Government: evidence shows Lapier sold to multiple buyers and large daily sales; not substantially less culpable | Court affirmed: denial was not clearly erroneous |
Key Cases Cited
- United States v. Culps, 300 F.3d 1069 (9th Cir. 2002) (sets factors for district court drug‑quantity approximations)
- United States v. Flores, 725 F.3d 1028 (9th Cir. 2013) (coconspirator testimony can be reliable for quantity determinations)
- United States v. Gadson, 763 F.3d 1189 (9th Cir. 2014) (drug‑quantity and role determinations reviewed for clear error)
- United States v. Herrera‑Rivera, 832 F.3d 1166 (9th Cir. 2016) (minor‑participant reduction requires substantially less culpability than average participant)
- United States v. Ullah, 976 F.2d 509 (9th Cir. 1992) (appellate discretion to consider issues raised by the government on appeal)