Tran

MEMORANDUM **

Timothy Thi Tran pled guilty to one count of conspiracy to distribute marijuana. At sentencing, the district court increased Tran’s offense level by 2 levels, based on Tran’s alleged role as an organizer, leader, manager or supervisor in the drug conspiracy. Tran appeals his sentence. We have jurisdiction under 28 U.S.C. § 1291 . We vacate Tran’s sentence and remand for resentencing.

The district court’s finding that Tran was an organizer or supervisor is reviewed for clear error. United States v. Maldonado, 215 F.3d 1046, 1050 (9th Cir.2000). Under § 3Bl.l(c) of the sentencing guidelines, the district court may apply a 2-level enhancement if it finds that the defendant acted as an “organizer, leader, manager or supervisor” of a criminal activity. U.S.S.G. § 3B1.1(c) (2000). In order for § 3B1.1 to apply, however, there must be some evidence that the defendant exercised “some degree of control or organizational authority over others.” United States v. Mares-Molina, 913 F.2d 770, 773 (9th Cir.1990). The fact that the defendant was more culpable than other participants or played an important role in the criminal activity is insufficient to justify the enhancement in…