UNITED STATES of America, Plaintiff-Appellee, v. Rafael Salgado AVILA, Defendant-Appellant

Rafael Salgado Avila appeals his sentence of 181 months imprisonment. Avila contends that the district court clearly erred in imposing a four-level upward adjustment to his base offense level for being an organizer or leader and in denying a two-level reduction for acceptance of responsibility. We agree with Avila as to the four-level adjustment, but disagree as to the two-level reduction. Accordingly, we vacate in part, affirm in part, and remand for resentencing.

BACKGROUND

On August 26, 1991, a confidential informant introduced Detective Clifford Morgan, a Boise, Idaho undercover police officer, to Avila. In late August and September, Avila and Morgan discussed the possible purchase of cocaine by Morgan. In preparation for a larger transaction, they agreed that Avila would mail smaller samples to Morgan. On October 1, 1991, after completing two small transactions, Avila and Morgan planned a five-kilogram sale of cocaine for $80,000.

On October 3, Morgan flew to California from Idaho, and on October 4, he met Avila in the parking lot of the Van Nuys Post Office. After telephoning his “source,” Avila told Morgan that “they ... want[ed] him to go over to their house and talk…