US v. Boykin, No. 13-10248 (Lynn, D.J., with Hawkins and Rawlinson). 

 

The 9th affirms conviction for drug offenses, finding sufficient evidence.  It also affirms the sentence, but spends considerable time being "troubled" over alleged government sentencing manipulation.  The police seemed to keep the investigation going, along with the drug trafficking, in order to increase the sentence.   One officer ran a CI and had an unusually close relationship that called into question his motives.  The 9th finds the actions "wrong" but not so outrageous as to require a departure.  The 9th distinguishes between sentencing entrapment (going for a higher offense) and manipulation (increasing the sentence by repeated buys).  The discussion is worth reviewing.  This is a disconcerting case where again the government can essentially set the sentence by its actions.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2015/05/18/13-10248.pdf