United States v. Aaron Ross

MEMORANDUM

The district court did not clearly err by applying a leadership role enhancement under U.S.S.G. § 3Bl.l(c) to Ross’s sentence because the record supports the conclusion that Ross supervised at least one other participant in the crime, Jackson. See U.S.S.G. § 3B1.1(c) & cmt. n. 1; United States v. Cyphers, 130 F.3d 1361, 1363 (9th Cir.1997) (“A participant for purposes of a role adjustment is ‘a person who is criminally responsible for the commission of the offense, but need not have been convicted.’ ” (emphasis added)). The conclusion that Ross supervised Jackson is supported by, among other things, the district court’s findings that Ross directed Jackson to pay for the minors’ bus tickets and their hotel room, which was “to be used for both their accommodations and for their work.”

“Clearly erroneous review is significantly deferential, requiring that the appellate court accept the district court’s findings absent a definite and firm conviction that a mistake has been committed.” United States v. Syrax, 235 F.3d 422, 427 (9th Cir.2000) (internal quotation marks omitted). The relevant offense was transportation of a minor for prostitution. See 18 U.S.C. § 2423 (a)…