Woodbury

United Stated v. Woodbury

Good Law
71 F. App'x 698
United States Court of Appeals for the Ninth CircuitJuly 29, 2003No. 02-30329; D.C. No. CR-01-00110-RFCCalifornia300 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Woodbury appeals his forty-two-month sentence, following a guilty plea conviction for money laundering in violation of 18 U.S.C. § 1956 (a)(1)(A)(i) pursuant to a plea agreement. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Woodbury first challenges the district court’s imposition of a three-level upward adjustment for being a manager or supervisor within the meaning of U.S.S.G. § 3Bl.l(b). We review for clear error a district court’s finding that a defendant qualifies for a role adjustment. United States v. Maldonado, 215 F.3d 1046, 1050 (9th Cir.2000). Woodbury claims that the undisputed facts contained in the presentence report are insufficient to establish by a preponderance of the evidence that he exercised any control or authority over others. We disagree. Because § 3B1.1(b) only requires some, rather than complete, control over others, see United States v. Egge, 223 F.3d 1128, 1131-32 (9th Cir. *699 2000), and the uncontested facts show that Woodbury instructed others on transferring the funds, often compensated them, and on at least one occasion provided transportation, we find no clear error. See also United States v. Varela, 993…

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