U.S. Court of Appeals for the Fourth Circuit, 2003

United States v. Jaimes-Jaimes

United States v. Jaimes-Jaimes
U.S. Court of Appeals for the Fourth Circuit · Decided April 28, 2003 · Widener, Motz, Traxler
60 F. App'x 1000

United States v. Jaimes-Jaimes

Opinion

PER CURIAM.

A jury found Rafael Jaimes-Jaimes guilty of one count of conspiracy to distribute cocaine hydrochloride in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(a) & 846 (2000). On appeal, he contends the district court erred by imposing a four-level enhancement under U.S. Sentencing Guidelines Manual § 3B1.1(b) (2001) for being an organizer or leader of a criminal activity that included five or more persons. Finding no reversible error, we affirm.

An enhancement under the guidelines must be supported by a preponderance of the evidence. United States v. Urrego-Linares, 879 F.2d 1234, 1238-39 (4th Cir. 1989). We review a district court’s factual findings at sentencing for clear error and its related legal conclusions, including the application of the Sentencing Guidelines, de novo. United States v. Daughtrey, 874 F.2d 213, 217 (4th Cir. 1989). We find the district court did not clearly err.

Accordingly, we affirm the conviction and sentence. We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

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