Opinion of the Court — United States v. Velasquez

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Type: Opinion of the Court
Filed: Feb. 21, 2002
Case: United States v. Velasquez
Case status: Decided

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MEMORANDUM ** Jose Velasquez appeals his 60-month sentence following a conviction by guilty plea for one count of conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction pursuant to 18 U.S.C. § 8742 , and we affirm. Velasquez contends that the district court clearly erred by deternfining that he was a leader or organizer pursuant to U.S. Sentencing Guidelines Manual § 3B1.1(c). See United States v. Lopez-Sandoval, 146 F.3d 712, 716 (9th Cir.1998) (stating that a district court’s determination of a defendant’s role in an offense is reviewed for clear error). This contention lacks merit. The district court here expressly found that Velasquez: had the authority to negotiate and organize drug transactions; exercised significant control over the proceeds of the drug sales that he organized; and that at least one person acted pursuant to his instructions. These findings were supported by a preponderance of the evidence and are sufficient to support the adjustment. See United States v. Barnes, 993 F.2d 680, 685 (9th Cir.1993) (concluding that adjustment is appropriate where defendant in a drug conspiracy case was prin…

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