United States v. Rolando Orozco

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Rolando OROZCO, Defendant-Appellant. No. 91-50575. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Jan. 15, 1993. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 * The district court departed upward under U.S.S.G. § 3B1.1(c) because it found Orozco was an organizer, leader, manager or supervisor of a criminal activity. This is a factual finding, which we review for clear error. United States v. Chapnick, 963 F.2d 224, 226 (9th Cir.1992). 3 There was ample evidence that Orozco was an organizer, leader, manager or supervisor. Among other things, Orozco organized and planned the trip to Las Vegas. PSR 2. He recruited Gimenez to join the criminal activity. Id. at 2-3. He ordered Reyna and Gimenez to take the truck and the coke and leave town. Id. at 2. These actions clearly qualify as "exercise of decision…