United States v. Alejandro Martinez

216 F. App'x 916

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 7, 2007
• Docket: 06-14127
• Status: Unpublished

Opinion

PER CURIAM:

Alejandro Martinez appeals his sentence for conspiracy to possess with intent to distribute 100 grams or more of heroin, 500 grams or more of methamphetamine, 500 grams or more of cocaine, and 50 grams or more of cocaine base, 21 U.S.C. §§ 846, 841(a)(1), (b)(l)(A)(iii), (b)(l)(A)(viii), (b)(l)(B)(ii); and possession with intent to distribute heroin, 18 U.S.C. § 2; 21 U.S.C. §§ 841(a)(1), (b)(1)(C). Martinez argues that the district court erred when it applied a two-level leadership-role enhancement to his base offense level under the Guidelines. U.S.S.G. § 3Bl.l(c). We affirm.

“A district court’s upward adjustment of a defendant’s Guidelines offense level due to his status as a leader or organizer under U.S.S.G. § 3B1.1 is a finding of fact reviewed only for clear error.” United States v. Phillips, 287 F.3d 1053, 1055 (11th Cir.2002). Martinez acknowledges on appeal that, at his “change of plea” hearing, he admitted that his brother, Javier, a coconspirator, would not do anything unless told to do so by Martinez. Because “the assertion of control or influence over only one individual is enough to support a § 3Bl.l(c) enhancement,” United States v. Jiminez, 224 F.3d 1243, 1251 (11th Cir.2000), ce rt. denied, 534 U.S. 1043, 122 S.Ct. 620, 151 L.Ed.2d 542 (2001), the district court did not clearly err.

AFFIRMED.