Guzman
United States v. Guzman
Opinion
Lead Opinion
MEMORANDUM **
Appellant Hugo Guzman pled guilty to one count of conspiracy with intent to distribute marijuana. 21 U.S.C. §§ 841 (a)(1), 846. He appeals the district court’s finding that he had an aggravated role in the conspiracy, and its concomitant two-point enhancement of his base offense level.
This court reviews for clear error the district court’s factual findings in the sentencing phase. United States v. Frega, 179 F.3d 793 , 811 n. 22 (9th Cir.1999); United States v. Mares-Molina, 913 F.2d 770, 773 (9th Cir.1990).
United States Sentencing Guidelines § 3Bl.l(c) requires the district court *633 to increase a defendant’s base offense level if he “was an organizer, leader, manager, or supervisor” in a criminal activity involving fewer than five participants or that was not otherwise extensive. “When a defendant supervises other participants, she or he need exercise authority over only one of the other participants to merit the adjustment.... A single incident of persons acting under a defendant’s direction is sufficient evidence to support a two-level role enhancement.” United States v. Maldonado, 215 F.3d 1046, 1050 (9th Cir.2000) (internal citations omitted).