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United States v. Bestwina
Citation: 329 F. App'x 148Docket: No. 08-30297
Court: Court of Appeals for the Ninth Circuit; July 21, 2009; Federal Appellate Court
Joshua Nathan Bestwina appeals his jury conviction for distribution and conspiracy to distribute methamphetamine, as well as the 120-month sentence imposed by the district court. The appellate court affirms the conviction but vacates the sentence and remands for resentencing. Key points include: 1. The court declines to address Bestwina’s claim of ineffective assistance of counsel on appeal, stating that the record is insufficiently developed to make a determination and that the legal representation did not violate his Sixth Amendment rights. 2. The district court did not abuse its discretion in denying Bestwina’s motion for a new trial, as the evidence supporting his involvement in the conspiracy, while weak, was adequate to uphold the decision. 3. A significant error occurred regarding the drug quantity determination related to the conspiracy count. The jury was incorrectly instructed to consider the total quantity of drugs distributed by the conspiracy rather than the specific quantity that Bestwina could reasonably foreseeably be involved with. 4. This error was classified as plain error, as it affected Bestwina's substantial rights by exposing him to a harsher mandatory minimum sentence of ten years, instead of a five-year minimum, due to the erroneous finding of drug quantity. 5. The district court expressed concerns about the appropriateness of the ten-year sentence, considering Bestwina’s minor role in the conspiracy and evidence of his rehabilitation. The appellate court thus maintains the conviction but vacates the sentence, directing the lower court to resentence Bestwina. The decision is not intended for publication and does not set a precedent.