United States v. Roman F. Siqueiros, Also Known as Silverado, 72 F.3d 134 (8th Cir. 1995). · Go Syfert
United States v. Roman F. Siqueiros, Also Known as Silverado, 72 F.3d 134 (8th Cir. 1995). Cases Citing This Book View Copy Cite
41 citation events (5 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Good (ned, 2019-05-29)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "see" United States v. Good (2×) also: Cited "see, e.g."
D. Neb. · 2019 · signal: see · confidence high
See , U.S. v. Brown , 72 F.3d 134 (8th Cir. 1995) (unpublished).
cited Cited "see" O Centro Espirita Beneficiente Uniao De Vegetal v. John Ashcroft
10th Cir. · 2002 · signal: see · confidence high
See United States v. Brown, 72 F.3d 134 , 1995 WL 732803 (8th Cir.1995); United States v. Jefferson, 175 F.Supp.2d 1123, 1131 (N.D.Ind.2001).
cited Cited "see" O Centro Espirita Beneficiente Uniao De Vegetal v. Ashcroft
10th Cir. · 2002 · signal: see · confidence high
See United States v. Brown, 72 F.3d 134 , 1995 WL 732803 (8th Cir.1995); United States v. Jefferson, 175 F.Supp.2d 1123, 1131 (N.D.Ind.2001).
discussed Cited "see" John R. Stoebner v. Parry & Murray
8th Cir. · 1999 · signal: see · confidence high
See Stoebner v. Meshbesher & Spence, 72 F.3d 134 (table), 1995 WL 723560 (8th Cir. 1995) ("The $250,000 payment was made under the final judgment in the FTC action, however, and Stoebner agreed to follow the terms of that judgment.
discussed Cited "see" In Re: T.G. Morgan, Inc., Debtor John R. Stoebner, Trustee of the Bankruptcy Estate of T.G. Morgan, Inc. v. Parry, Murray, Ward & Cannon
8th Cir. · 1999 · signal: see · confidence high
See Stoebner v. Meshbesher & Spence, Ltd., 72 F.3d 134 , 1995 WL 723560 (8th Cir.1995) (“The .$250,000 payment was made under the final judgment in the FTC action, however, and Stoebner agreed to follow the terms of that judgment.
Retrieving the full opinion text from the archive…
United States
v.
Roman F. Siqueiros, Also Known as Silverado
95-2491.
Court of Appeals for the Eighth Circuit.
Dec 18, 1995.
72 F.3d 134
Unpublished

72 F.3d 134

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.
UNITED STATES of America, Appellee,
v.
Roman F. SIQUEIROS, also known as Silverado, Appellant.

No. 95-2491.

United States Court of Appeals, Eighth Circuit.

Submitted Dec. 7, 1995.
Filed Dec. 18, 1995.

Before FAGG, LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

1

Roman F. Siqueiros challenges the 100-month sentence imposed by the district court[1] after he pleaded guilty to conspiracy to distribute and to possess with intent to distribute marijuana and cocaine, in violation of 21 U.S.C. Secs. 841(a) and 846. We affirm.

2

For sentencing purposes, Siqueiros stipulated he managed or supervised at least five individuals engaged in criminal activity, within the meaning of U.S.S.G. Sec. 3B1.1. On appeal, Siqueiros argues the district court erred in imposing an aggravating-role enhancement, as he did not profit from his criminal activity and thus the enhancement conflicts with commentary to section 3B1.1.

3

We review for clear error the district court's factual finding of Siqueiros's role in the offense. See United States v. Skorniak, 59 F.3d 750, 757 (8th Cir.1995), cert. denied, 64 U.S.L.W. 3348 (U.S. Nov. 13, 1995). Notwithstanding that "persons who exercise a supervisory or managerial role ... [may] tend to profit more from it," the enhancement "is included primarily because of concerns about relative responsibility." U.S.S.G. Sec. 3B1.1, comment. (backg'd). The fact that Siqueiros may not have profited from his activity does not preclude application of the enhancement; profit is only one factor the district court should consider. Cf. United States v. Farah, 991 F.2d 1065, 1070 (2d Cir.1993) (Sentencing Commission relegated profit factor to "no better than secondary importance" for purposes of determining defendant's aggravating role). Siqueiros's offense conduct--as described in his presentence report--adequately supports the conclusion that he managed or supervised criminal activity involving at least five participants. See U.S.S.G. Sec. 3B1.1(b). We conclude the district court did not clearly err in applying the enhancement.

4

Accordingly, the judgment of the district court is affirmed.

1

The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri