USA v. Alejandro Martinez (11th Cir. 2007)

Federal Circuits, 11th Cir. (February 07, 2007)

Docket number: 05-00180
Not Published

06-14127 - Not Published
Permanent Link: http://vlex.com/vid/usa-v-alejandro-martinez-26535655
Id. vLex: VLEX-26535655

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[D O NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

F O R THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

FEB 7, 2007

THOMAS K. KAHN

N o . 06-14127

CLERK

N o n - A r g u m e n t Calendar

D . C. Docket No. 05-00180-CR-22JGG

U N IT E D STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALEJANDRO MARTINEZ,

a.k.a. Alex,

Defendant-Appellant.

A p p e al from the United States District Court

fo r the Middle District of Florida

(F eb ru a ry 7, 2007)

B efo re DUBINA, CARNES and PRYOR, Circuit Judges.

P E R CURIAM:

A lejan d ro Martinez appeals his sentence for conspiracy to possess with

in ten t to distribute 100 grams or more of heroin, 500 grams or more of m eth am p h etam in e, 500 grams or more of cocaine, and 50 grams or more of c o c ain e base, 21U.S.C. §§ 846, 841(a)(1), (b)(1)(A)(iii), (b)(1)(A)(viii), (b )(1 )(B )(ii); and possession with intent to distribute heroin, 18U.S.C. § 2; 21 U .S .C . §§ 841(a)(1), (b)(1)(C). Martinez argues that the district court erred when it ap p lied a two-level leadership-role enhancement to his base offense level under the G u id elin es. U.S.S.G. § 3B1.1(c). We affirm.

"A district court's upward adjustment of a defendant's Guidelines offense lev el due to his status as a leader or organizer under U.S.S.G. § 3B1.1 is a finding o f fact reviewed only for clear error." United States v. Phillips, 287 F.3d 1053, 1 0 5 5 (11th Cir. 2002). Martinez acknowledges on appeal that, at his "change of p lea" hearing, he admitted that his brother, Javier, a coconspirator, would not do an yth in g unless told to do so by Martinez. Because "the assertion of control or in f lu e n c e over only one individual is enough to support a § 3B1.1(c) e n h a n c e m e n t," United States v. Jimenez, 224 F.3d 1243, 1251 (11th Cir. 2000), cert. denied, 534 U.S. 1043 , 122 S. Ct. 60 (2001), the district court did not clearly e rr .

A F F IR M E D .

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