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United States v. Eisom

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Before Boudin, Selya and Lipez, Circuit Judges.

Following the appellant’s guilty plea to a federal drug-trafficking charge, the district court calculated the guideline sentencing range (GSR) to include as relevant conduct amounts of drugs and cash independently seized by local authorities in connection with an unrelated criminal investigation. This single-issue sentencing appeal challenges the court’s relevant conduct determination. We conclude that the appellant waived any objection to that determination and, in all events, the determination was not clearly erroneous. Accordingly, we affirm the sentence imposed below.

The facts are straightforward (although certain inferences therefrom are disputed). The venue is Portland, Maine. In June of 2007, the federal Drug Enforcement Administration (DEA) received a tip from a cooperating source (CS-1) that defendant-appellant Philjon Eisom was peddling crack cocaine. Under the DEA’s direction, CS-1 contacted the appellant on June 14 and purchased 6.5 grams of crack.

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