United States v. Oscar Juarez

MEMORANDUM

Oscar Juarez appeals his 57-month sentence, imposed by the district court following a guilty plea to one count of conspiracy to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951 (a) (“Count Two”). His sentence under Count Two runs consecutively to a mandatory 60-month sentence under Count Three, which Juarez does not challenge on appeal. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.

Juarez first argues that the district court improperly applied a four-level role enhancement to his offense level after determining that he was “an organizer or leader of a criminal activity that involved five or more participants.” U.S. Sentencing Guidelines Manual § 3Bl.l(a). We review the district court’s finding that Juarez was an “organizer or leader” for clear error. United States v. Yi, 704 F.3d 800, 807 (9th Cir.2013). We review the district court’s application of the Sentencing Guidelines for abuse of discretion. United States v. White Eagle, 721 F.3d 1108, 1121 (9th Cir.2013). The district court calculated the Sentencing Guidelines as suggested by the pre-sentence report (“PSR”), to which Juarez gave no additions or…