United States v. Alejandro Martinez, 216 F. App'x 916 (11th Cir. 2007). · Go Syfert
United States v. Alejandro Martinez, 216 F. App'x 916 (11th Cir. 2007). Cases Citing This Book View Copy Cite
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UNITED STATES of America, Plaintiff-Appellee,
v.
Alejandro MARTINEZ, A.K.A. Alex, Defendant-Appellant
06-14127.
Court of Appeals for the Eleventh Circuit.
Feb 7, 2007.
Unpublished opinion
216 F. App'x 916
Ryan Thomas Truskoski, Orlando, FL, for Defendant-Appellant., Roberta Josephina Bodnar, U.S. Attorney’s Office, Orlando, FL, for PlaintiffAppellee.
Dubina, Carnes, Pryor.
Unpublished
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.