Case Explained: USA V. MCBRAUN

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-06-29 Docket: 1:22-cr-00099-JMS-1 The Ninth Circuit affirmed Matthew McBraun’s 96-month sentence for drug possession and distribution convictions under 21 U.S.C. § 841(a)(1) and § 841(b)(1)(C). The court held that McBraun’s arguments regarding acquitted-conduct sentencing, including claims of Double Jeopardy Clause violations, due process violations, Sixth Amendment errors, impermissible factors, and strict liability issues, are foreclosed by binding Supreme Court and Ninth Circuit precedent, specifically *United States v. Watts*, *United States v. Mercado*, *Irizarry v. United States*, and *United States v. Collazo*. Regarding the factual basis for the sentence, the court applied a clear error standard of review to the district court’s findings and determined there was sufficient evidence to support the conclusion that McBraun’s distribution of narcotics was the but-for cause and a contributing factor to Tyler Orso-DeLima’s overdose death. As a result, the judgment of the District Court for the District of Hawaii is affirmed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.