United States v. Juan Morales-Martinez

545 F. App'x 495
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 20, 2013
Docket13-1235
StatusUnpublished
Cited by2 cases

This text of 545 F. App'x 495 (United States v. Juan Morales-Martinez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Juan Morales-Martinez, 545 F. App'x 495 (6th Cir. 2013).

Opinion

OPINION

BERNICE BOUIE DONALD, Circuit Judge.

Juan Jose Morales-Martinez (Defendant-Appellant) appeals the district court’s application of a four-level increase to his base offense level under § 3Bl.l(a) of the *496 United States Sentencing Guidelines (“U.S.S.G.”) for his “leadership role” in a conspiracy to produce and distribute fraudulent identification documents. Appellant concedes that he was subject to an enhancement under U.S.S.G. § 3B1.1, but contends that the district court should only have applied the lesser two-level increase under U.S.S.G. § 3Bl.l(c). For the reasons set forth below, we AFFIRM the district court’s determination to the contrary.

I.

Appellant was sentenced to a 46-month term of imprisonment after he pleaded guilty to participating in a conspiracy to produce and traffic in fraudulent identification documents. The underlying indictment named ten co-conspirators involved in the scheme, including two of the Appellant’s brothers and several other relatives. Several other persons who were involved in the operation, including Appellant’s girlfriend, were not named in the indictment. Appellant’s role in the scheme involved manufacturing the fraudulent identifications, teaching others how to manufacture the documents, recruiting business through the use of at least one “agent,” and distributing the documents with the help of other persons named and not named in the indictment. At sentencing, the Government argued that Appellant should receive a four-level enhancement under U.S.S.G. § 3Bl.l(a) based on evidence that Appellant held a “leadership role” in a criminal activity involving more than five persons. Appellant countered that he should only be subject to a two-level enhancement under U.S.S.G. § 3B 1.1(e) because he was not a “leader” in the operation and because his role in the operation involved giving directives to fewer than five persons. The thrust of Appellant’s argument in the district court, and now, is that he and his brothers were each independently running their own operations, and that he only exerted any level of control over two persons in his own operation. According to Appellant, the four-level increase under U.S.S.G. § 3B 1.1(c) should not apply to his case because he had a leadership role over fewer than five persons. The district court found, by a preponderance of the evidence, that Appellant was one of three brothers who held a leadership role in an illicit “family business,” in which the total number of persons involved went well beyond the minimum five persons required to substantiate the application of U.S.S.G. § 3B 1.1(a). As for Appellant’s role in the conspiracy, the district court found that Appellant had recruited and paid multiple individuals involved in the scheme, including a driver and delivery person, as well as a sales agent of sorts, who recruited potential customers in exchange for a commission. It also considered the sophisticated nature of the operation, which appears to have been ongoing for over eight years, during which time Appellant appeared to maintain a pivotal role in the careful strategic management of cash, inventory, equipment, customer supply, security, and complex concealment efforts to stay under the law enforcement radar. After considering these and a number of other factors, the district court determined that Appellant had an “organizing, animating influence” in the illicit business, even if Appellant’s claim that he was independent from his brothers’ operations was true. Accordingly, the district court concluded that the four-level increase to Appellant’s base offense level was warranted under U.S.S.G. § 3Bl.l(a) and sentenced him to a 46-month term of imprisonment. Appellant filed timely notice of appeal, arguing that his sentence was unreasonable because it was based on the district court’s improper application the four-level enhancement for *497 a leadership role under U.S.S.G. § 3B 1.1(a).

II.

We review a district court’s sentencing decisions for reasonableness, under the abuse-of-discretion standard. United States v. Jeross, 521 F.3d 562, 569 (6th Cir.2008) (citing Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007)); United States v. Carter, 510 F.3d 593, 600 (6th Cir.2007); see also United States v. Vasquez, 560 F.3d 461, 473 (6th Cir.2009). In doing so, we typically review the district court’s fact findings for clear error and its legal interpretation of the Guidelines de novo. Jeross, 521 F.3d at 569 (citing United States v. Hazelwood, 398 F.3d 792, 795 (6th Cir.2005); United States v. Cousins, 469 F.3d 572, 575 (6th Cir.2006)). The standard of review for a district court’s application of a sentencing enhancement under U.S.S.G. § 3B1.1, however, is more deferential. United States v. Washington, 715 F.3d 975, 983 (6th Cir.2013) (“[because] Section 3B1.1 enhancements] ... depend[ ] on a number of factual nuances that a district court is better positioned to evaluate”) (applying Buford v. United States, 532 U.S. 59, 121 S.Ct. 1276, 149 L.Ed.2d 197 (2001)).

Under U.S.S.G. § 3B 1.1, an enhancement of two-to-four levels is applied to the base offense level of a defendant who had an “aggravating role” in the underlying offense. Depending on the defendant’s role in the offense, the base offense level is increased as follows:

(a) If the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive, increase by 4 levels.
(b) If the defendant was a manager or supervisor (but not an organizer or leader) and the criminal activity involved five or more participants or was otherwise extensive, increase by 3 levels.
(c)If the defendant was an organizer, leader, manager, or supervisor in any criminal activity other than described in (a) or (b), increase by 2 levels.

U.S.S.G. § 3B1.1.

Put simply, where the criminal activity involved more than five persons, a defendant with a leadership role is subject to a 4-level increase, while a defendant who held a managerial or supervisory role receives a 3-level increase to the base offense level at sentencing. U.S.S.G. § 3Bl.l(a), (b). A defendant whose sentence is enhanced under U.S.S.G. § 3Bl.l(a) or (b) need not directly supervise more than five persons, so long as the defendant exerted some level of control or influence over at least one of five or more persons involved in the criminal activity. United States v. Baker, 559 F.3d 443, 449 (6th Cir.2009) (citing United States v.

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545 F. App'x 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juan-morales-martinez-ca6-2013.