green
Positive treatment
Quoted verbatim 1×
5.9 score
“hile an enhancement under section 3b1.1(a) or (b) is proper only in a criminal activity involving more than five participants, there is no requirement ... that the defendant exercise authority over at least five participants before the enhancement can be applied”
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979
2002
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Allan Parmelee, Ewa Brozek-Lukaszuk, Alojzy Sandrzyk, Tadeusz Sobiecki, and Lester Lukaszuk
hile an enhancement under section 3b1.1(a) or (b) is proper only in a criminal activity involving more than five participants, there is no requirement ... that the defendant exercise authority over at least five participants before the enhancement can be applied
cited
Cited "see"
United States v. Jose Chavez-Vasquez Sergio Adan-Torrez and Felipe Almanza
See United States v. Barnes, 993 F.2d 680 , 682 n. 1, 683-84 (9th Cir.1993), cert. denied, 115 S.Ct. 96 (1994).
discussed
Cited "see"
United States v. Eric S. Cosky
See United States v. Barnes, 993 F.2d 680, 685 (9th Cir. 1993) ("The fact that [the defendant] did not supervise more than one participant does not preclude the enhancement as a matter of law."), cert. denied, 115 S. Ct. 96 (1994) 5 Contrary to Cosky's suggestion, this case differs substantially from McKinney.
discussed
Cited "see"
United States v. Carlos Tapia Ponce, AKA Carlos Perez, Ricardo Lopez Mateos, United States of America v. James Romero McTague United States of America v. Hector Tapia Anchondo, United States of America v. Hugo Fernando Castillon-Alvarez, AKA Hugo Fernando Castillon, United States of America v. Mauricio Monroy
See United States v. Barnes, 993 F.2d 680, 685 (9th Cir.1993) (enhancement permissible where defendant, among other things, exercised authority over at least one additional participant), cert. denied, --- U.S. ----, 115 S.Ct. 96 , 130 L.Ed.2d 46 (1994).
discussed
Cited "see"
United States v. Ponce
See United States v. Barnes, 993 F.2d 680, 685 (9th Cir.1993) (enhancement permissible where defendant, among other things, exercised authority over at least one additional participant), cert. denied, — U.S. -, 115 S.Ct. 96 , 130 L.Ed.2d 46 (1994).
discussed
Cited "see, e.g."
United States v. Oscar A. Iniego
Sec. 3B1.1, comment. (n.4); see also United States v. Barnes, 993 F.2d 680, 685 (9th Cir. 1993) (defendant a leader where he was the principal negotiator between government undercover agents and conspirators over the transaction price and delivery logistics and controlled the money for the transaction), cert. denied, 115 S. Ct. 96 (1994); United States v. Avila, 905 F.2d 295, 298-99 (9th Cir. 1990) (defendant a leader where he negotiated the transaction price, indicated that he had alternative drug sources, and dealt with large amounts of currency in exchange for large amounts of illegal subst…
discussed
Cited "see, e.g."
United States v. Mark William Paul Staufer
(2×)
See, e.g., United States v. Barnes, 993 F.2d 680 , 684 n. 2 (9th Cir.1993) (cert. denied, — U.S. —, 115 S.Ct. 96 , 130 L.Ed.2d 46 (1994) (declining to reach the sentencing entrapment issue because defendant had failed to show he was not predisposed to buy the quantity of drugs involved); see also United States v. Frazier, 985 F.2d 1001, 1003 (9th Cir.1993) (same). 1 Several other circuits have suggested that sentencing entrapment may warrant a downward departure.
discussed
Cited "see, e.g."
United States v. Stewart J. Leonard, Sr. And Frank H. Guthman
See also United States v. Barnes, 993 F.2d 680, 685 (9th Cir.1993) (in order to be a supervisor, “the defendant must have managed or supervised at least one other participant ”) (internal quotations and citation omitted), cert. denied, — U.S. -, 115 S.Ct. 96 , 130 L.Ed.2d 46 (1994); United States v. Lanese, 890 F.2d 1284, 1293 (2d Cir.1989) (reversing role enhancement where there was no evidence that defendant “had authority over anyone else involved in the conspiracy”), cert. denied, 495 U.S. 947 , *39 110 S.Ct. 2207 , 109 L.Ed.2d 538 (1990).
Retrieving the full opinion text from the archive…
Carroll
v.
Reno, Attorney General of the United States
v.
Reno, Attorney General of the United States
No. 93-8631.
Supreme Court of the United States.
Oct 3, 1994.
Published
Citer courts: Seventh Circuit (1)
C. A. 11th Cir. Certiorari denied.