Hill being held accountable for selling 3.7 grams of cocaine base and roughly 1.46 grams of oxycodone.
All told, the offense of conviction and the undisputed conduct relevant resulted in St. Each time, the CI bought ten 30 mg oxycodone pills from St. Hill three times in one week sometime in April or May of 2012. Second, the PSR explained that a CI (the same one, it appears, who participated in the controlled buy on June 26, 2012) recounted that he or she -3- bought oxycodone from St. Hill got into the car and sold the source 3.7 net grams of cocaine base for $600. First, the PSR described a controlled buy on April 18, 2012, when another confidential source pulled up to the home of Thomas Flynn in Augusta. Hill's PSR described several other drug sales that the parties agreed constituted relevant conduct for purposes of calculating St. Hill pled guilty, other drug sales that were "part of the same course of conduct or common scheme or plan as the offense of conviction." U.S. Such relevant conduct includes, for certain offenses such as that to which St. Section 1B1.3(a) requires the of the sentencing United judge, States in Sentencing calculating the Guidelines guideline sentencing range, to take into consideration certain "relevant conduct" other than the offense of conviction. Hill does not challenge this information on appeal. Hill as a large-scale trafficker of Oxycodone and cocaine in Central Maine." St. Hill did note that he could obtain cocaine in several hours." The PSR also noted that the CI had "identified St. Hill agreed to sell Oxycodone to, but stated that he did not have any cocaine at that time.
Hill "in an effort to -2- purchase cocaine and Oxycodone. In addition to the facts as we have described them, the Presentence Investigation Report ("PSR") related that on the day of the controlled buy, the CI had contacted St. Hill emerged from the Mustang, climbed into the rear passenger seat of the DEA agent's car, and handed the CI 20 oxycodone pills. The CI called him, arranged for the sale, and drove (with a DEA task force agent) to the location in Augusta, Maine, where the sale was to take place. According to the government's version of the facts, on June 26, 2012, agents from the Drug Enforcement Agency ("DEA"), along with a confidential informant ("CI"), decided to purchase $600 worth of oxycodone pills from St. Hill pled guilty (without a plea bargain) to one count of distributing oxycodone in violation of 21 U.S.C. what uncharged drug sales were We affirm. Hill appeals, arguing that the district court applied both the wrong standard and the wrong method of comparison in determining relevant to his sentence. Hill were relevant to determining his guideline sentencing range. Hill pled guilty to distributing oxycodone, the district court found that other uncharged drug sales by St. Octo* Of the Federal Circuit, sitting by designation.
Delahanty II, United States Attorney, was on brief, for appellee. Tisdale, Jr., with whom Tisdale & Davis, P.A. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE Before Torruella, Dyk* and Kayatta, Circuit Judges. 13-2097 UNITED STATES OF AMERICA, Appellee, v. United States Court of Appeals For the First Circuit No.