United States v. Jerry Don Mainard

Jerry Don Mainard appeals his sentence under the Sentencing Guidelines for conspiracy and aiding and abetting the attempt to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) & 846 and 18 U.S.C. § 2 . The only issue we address is whether the district court erred by enhancing Mai-nard’s offense level for the use of special skills in imposing a sentence of 188 months. We vacate his sentence and remand for re-sentencing.

STATEMENT OF FACTS

On December 5, 1991, Mainard was convicted of conspiring to manufacture and attempting to manufacture methamphetamine. The jury found that Mainard directed others to obtain the chemicals needed for cooking methamphetamine and instructed them to utilize the laboratory in a house in Copperop-olis, California.

The probation officer first determined Mai-nard’s base offense level. The presentence report (“PSR”) recommended a four-level enhancement under section 3B1.1 for being an organizer or leader of a criminal activity that involved five or more people.

The government argued that if the four-level enhancement was improper, Mainard’s offense level should be enhanced under section BB1.3. That provision states that the defendant’s…