Hamilton

AMENDED MEMORANDUM *

Taffy Hamilton pled guilty to possessing methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Pursuant to the plea agreement, the government made various sentencing recommendations not binding on the district court. The court rejected those recommendations in accordance with the presentence report and imposed a sentence of 168 months. Hamilton appeals.

The district court did not clearly err in denying Hamilton a sentencing reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 (2002). See United States v. Piper, 918 F.2d 839, 840-41 (9th Cir.1990); United States v. Cooper, 912 F.2d 344, 345-48 (9th Cir.1990). The court, however, erred in adjusting Hamilton’s offense level upward for her role in the offense, on the ground that she was a manager or supervisor under U.S.S.G. § 3Bl.l(b) (2002). For the enhancement to apply, Hamilton must have exercised some control or decisionmaking authority over others involved in the commission of the offense. See United States v. Munoz, 233 F.3d 1117, 1136-37 (9th Cir.2000); cf. United States v. Mares-Molina, 913 F.2d 770, 773 (9th Cir.1990) (discussing § 3Bl.l(c)). Simple…