United States v. Tomas Cruz Vasquez

46 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tomas Cruz VASQUEZ, Defendant-Appellant. No. 94-30165. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 30, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Tomas Cruz Vasquez appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to importation of a listed chemical in violation of 21 U.S.C. Sec. 960 (d)(2) and 18 U.S.C. Sec. 2 . Cruz contends that the district court erred in finding that he was an organizer, leader, manager, or supervisor under U.S.S.G. Sec. 3B1.1(c) and in imposing a two-point upward adjustment accordingly. We review for clear error. United States v. Mares-Molina, 913 F.2d 770 (9th Cir. 1993). 3 In order for section 3B1.1 to apply, "some degree of control or organizational authority over others is required." Id. at 773 . Application…