United States v. Daniel Martin Hernandez

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel Martin HERNANDEZ, Defendant-Appellant. No. 94-50256. United States Court of Appeals, Ninth Circuit. Submitted Sept. 11, 1995. * Decided Oct. 4, 1995. 1 Before: BROWNING and PREGERSON, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** I. Leader or Organizer of Criminal Scheme 3 To support an enhancement under Sec. 3B1.1, the evidence must show the defendant exercised "some degree of control or organizational authority over others" involved in the crime. United States v. Mares-Molina, 913 F.2d 770, 773 (9th Cir.1990). Sec. 3B1.1 enhancement, or resentence the defendant without applying the enhancement. II. Obstruction of Justice 4 Failure to include the $15,000 investment in the list of assets derived from Hernandez's illegal activities was a material omission. False or omitted information is material if it "would tend to influence or affect the…