United States v. Jacinto Diaz

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jacinto DIAZ, Defendant-Appellant. No. 93-50156. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1994. * Decided April 8, 1994. Before: HUG, WIGGINS and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Jacinto Diaz appeals his sentence from the district court which was enhanced four levels pursuant to Sentencing Guideline Sec. 3B1.1 for Diaz's role as a leader in a conspiracy to distribute cocaine. Diaz pleaded guilty to conspiracy to distribute, possess with the intent to distribute and aid and abet the distribution of in excess of five kilograms of cocaine. Diaz argues that his sentence should only have been enhanced three levels for his role as a manager or supervisor. 3 This Court reviews for plain error a district court's finding that a defendant was a leader or organizer under Sentencing Guideline Sec. 3B1.1. United States v. Castro, 972…