Valencia

United States v. Valencia

Good Law
83 F. App'x 935
United States Court of Appeals for the Ninth CircuitDecember 15, 2003No. 03-30115; D.C. No. CR-00-00130-RFCCalifornia296 words

Opinion

Lead Opinion

MEMORANDUM **

Vicente Valencia appeals his 180-month sentence imposed following his guilty plea to conspiracy to possess a controlled substance with intent to distribute. Valencia contends there was insufficient evidence to support the district court’s imposition of a two-level sentencing enhancement under U.S.S.G. § 3Bl.l(c) for Valencia’s role of a manager or supervisor in the conspiracy. We review for clear error, United States v. Riley, 335 F.3d 919, 925 (9th Cir.2003), and affirm.

To sustain a finding that a defendant played an aggravated role under section 3B1.1, there must be evidence that the defendant exercised some control over others involved in commission of the offense. United States v. Harper, 33 F.3d 1143, 1151 (9th Cir.1994). A defendant need only exercise authority over one other participant in order to merit the adjustment. United States v. Maldonado, 215 F.3d 1046,1050 (9th Cir.2000).

*936 Valencia argues that in concluding that he managed others, the district court improperly relied solely on information in the presentence report which recited his co-conspirators’ trial testimony regarding Valencia’s role in the offense. Valencia contends that because the…

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