United States v. John Doe

ORDER

The opinion filed February 17, 2015 is hereby withdrawn. An opinion will be filed in its place.

OPINION

Defendant John Doe challenges several rulings of the district court, made following our remand of his previous appeal. We hold that the district court did not clearly err in determining that Doe was an “organizer” for purposes, of § 3Bl.l(e) of the Sentencing Guidelines, where his role was “coordinating the activities of the other participants to the extent necessary to complete the transaction.” See United States v. Varela, 993 F.2d 686, 692 (9th Cir.1993). We also hold that the imposition of the § 3B1.1(c) enhancement made Doe ineligible for the “safety valve” reduction, 18 U.S.C. § 3553 (f)(4), and affirm the district court’s other rulings.

I

We recounted the factual and procedural history of this case in our prior opinion, United States v. Doe, 705 F.3d 1134 (9th Cir.2013), and so provide only the information necessary for our decision here. We include the additional facts the district court found when it resolved the parties’ sentencing-related factual disputes as required by Doe. See'id. at 1156.

In early 2008, before engaging in the criminal activities for…