Cruz

MEMORANDUM **

Juan Casimiro Cruz appeals the sentence imposed following his guilty plea to one count of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 , 841(a)(1) & (b)(1)(A), and one count of possession with intent to distribute a controlled substance, in violation of 18 U.S.C. § 2 & 21 U.S.C. § 841 (a)(1) & (b)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the facts, we recite here only those facts necessary to explain our decision. Following Cruz’s guilty plea, Probation submitted a Presentence Investigation Report recommending a three-level offense level increase under U.S.S.G. § 3Bl.l(b) because Cruz was a “manager or supervisor” of a drug conspiracy involving more than five participants. The Government objected, arguing that a four-level increase was appropriate because Cruz was an “organizer or leader” of the conspiracy. See U.S.S.G. § 3Bl.l(a). In response, Cruz contended that, while he was a “manager,” his role in the offense did not rise to that of an “organizer or leader.” He, therefore, requested that the district court deny the Government’s request and apply the three-level…