Vizcarra-Camacho
United States v. Vizcarra-Camacho
Opinion
Lead Opinion
MEMORANDUM **
Omar Vizcarra-Camacho appeals from his 51-month sentence and conviction by Jury trial for one count of conspiracy to import marijuana in violation of 21 U.S.C. §§ 952 & 960. Vizcarra-Camacho’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record. VizcarraCamacho did not file a pro se supplemental brief.
Counsel has raised the potential issue of whether the district court erred by applying a four-level upward adjustment for a leadership role. We agree with counsel’s conclusion that the issue is without merit because the record shows that: VizcarraCamacho recruited over one-hundred drivers to smuggle marijuana across the boarder, Vizcarra-Camacho was responsible for paying the smugglers, and instructed them on how to carry out their tasks. See U.S.S.G. § 3B1.1 cmt. note 3 (stating that a leader organizer enhancement may be appropriate where a defendant exercises decision making authority, recruits accomplices, and otherwise exercises control over others); United States v. Berry, 258 F.3d 971, 977-78 (9th Cir.2001).