United States of America v. Nigel Kade Peters

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
NIGEL KADE PETERS,
Defendant-Appellant.
No. 18-30006
D.C. No.
1:16-cr-00281-BLW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted February 5, 2019**
Seattle, Washington
Before: IKUTA and CHRISTEN, Circuit Judges, and CHOE-GROVES,*** Judge.
Nigel Peters appealed his conviction on one count of possession with intent
to distribute 100 grams or more of heroin, in violation of 21 U.S.C. § 841(a)(1) and
FILED
FEB 14 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Jennifer Choe-Groves, Judge for the United States
Court of International Trade, sitting by designation.

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(b)(1)(B), and one count of conspiracy to distribute 100 grams or more of heroin,
in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846. There was sufficient
evidence when viewed in the light most favorable to the prosecution, including
detailed and non-rebutted testimony by Peters’s wife, for a rational juror to find
beyond a reasonable doubt that Defendant had the intent to distribute at least 100
grams of heroin. See United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir. 2010)
(citing Jackson v. Virginia, 443 U.S. 307 (1979)).
Nigel Peters also appealed the district court’s calculation of drug quantities
for sentencing purposes pursuant to U.S.S.G. §§ 1B1.3 and 2D1.1. There was no
clear error in the district court’s finding that Peters was responsible for distributing
800 grams of heroin. The district court correctly identified the proper Sentencing
Guideline, and there was no abuse of discretion in its application. See United
States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th Cir. 2017).
AFFIRMED.
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