United States v. Valencia
United States v. Valencia
Opinion of the Court
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).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Vicente VALENCIA, aka Shorty, aka Rodolfo Martinez, aka Vincent Valencia, Defendant—Appellant
- Status
- Published