United States v. Antonio Garcia, United States of America v. Alfonso Garcia

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio GARCIA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alfonso GARCIA, Defendant-Appellant. Nos. 94-30053, 94-30056. United States Court of Appeals, Ninth Circuit. Submitted March 6, 1995. * Decided March 20, 1995. Before: PREGERSON, KOZINSKI, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 1. Antonio Garcia received a four-level sentence enhancement for his role in the offense. The district court properly considered his exercise of decision making authority, the nature and degree of his participation and planning, and the degree of control and authority he exercised over other participants. See U.S.S.G. Sec. 3B1.1 n. 4. The presentence report provides ample evidence to support the district court's finding that Antonio was the organizer or leader of a conspiracy involving five or more participants. 3 2. Antonio Garcia's presentence report…