United States v. Ramiro Suarez

MEMORANDUM

DefendanL-Appellant Ramiro Suarez pleaded guilty to the following drug-related offenses pursuant to 21 U.S.C. §§ 841 and 846: conspiracy, manufacturing at least 1,000 marijuana plants, distribution of methamphetamine, and possession with intent to distribute methamphetamine. Suarez also pleaded guilty to being an alien in possession of a firearm pursuant to 18 U.S.C. 922(g)(5)(A). The district court sentenced Suarez to a prison term of 216 months. Suarez appeals his sentence. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand the case for resentencing.

First, Suarez argues that the district court erred in applying a 2-level enhancement pursuant to United States Sentencing Guidelines Manuai (“U.S.S.G.”) § 3Bl.l(c) based on his leadership role in the conspiracy. Section 3Bl.l(c) states that a court should increase an offense level by two levels based on a defendant’s role in an offense if “the defendant was an organizer, leader, manager, or supervisor of any criminal activity other than described in (a) or (b).” See U.S.S.G. § 3Bl.l(c), Application Note 2 to section 3B1.1 states that “an upward departure…