United States v. Rudi Bernard Smith, 914 F.2d 565 (4th Cir. 1990). · Go Syfert
United States v. Rudi Bernard Smith, 914 F.2d 565 (4th Cir. 1990). Cases Citing This Book View Copy Cite
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discussed Cited as authority (rule) United States v. Reginald Twitty
4th Cir. · 2025 · confidence medium
In reaching this conclusion, the district court analogized to the Brady v. Maryland context, which, unlike ministerial Rule 41 violations, does implicate a defendant’s constitutional rights and requires the disclosure of evidence before trial, which was done here. 38 USCA4 Appeal: 23-4234 Doc: 80 Filed: 07/22/2025 Pg: 39 of 43 In United States v. Simons, we acknowledged “two categories of Rule 41 violations: those involving constitutional violations, and all others,” including ministerial violations. 206 F.3d 392, 403 (4th Cir. 2000) (citing United States v. Smith, 914 F.2d 565, 568 (4th…
discussed Cited as authority (rule) United States v. Samuel Moore, III (2×) also: Cited "see, e.g."
4th Cir. · 2012 · confidence medium
See also United States v. Williams, 977 F.2d 866, 867, 869-70 (4th Cir.1992) (holding Rule 41 did not apply because there was “no evidence suggesting that the warrant obtained by [a state police officer] was issued in response to a directive or urging from” a federal agent); United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990) (holding Rule 41 did not apply because there was “no evidence that [the state police officer] applied for the warrant at the direction or urging of a federal officer”).
discussed Cited as authority (rule) United States v. Moore
E.D. Va. · 2011 · confidence medium
Examples of non-constitutional violations include the government failing to return the warrant to a magistrate judge within the prescribed period of time, United States v. Smith, 914 F.2d 565, 568 (4th Cir.1990), or a scrivener’s error contained in a copy of the warrant given to the defendant, United States v. Wyder, 674 F.2d 224, 225-26 (4th Cir.1982).
examined Cited as authority (rule) United States v. Claridy (6×) also: Cited "see, e.g."
4th Cir. · 2010 · confidence medium
See United States v. Williams, 977 F.2d 866, 869-70 (4th Cir.1992); United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990); United States v. Johnson, 451 F.2d 1321, 1322 (4th Cir.1971).
discussed Cited as authority (rule) United States v. Mannion
4th Cir. · 2002 · confidence medium
The test to be applied in determining whether a warrant must be obtained in compliance with Rule 41 is “whether the warrant application was made ‘at the direction or urging of a federal officer.’ ” United States v. Williams, 977 F.2d 866, 870 (4th Cir.1992) (quoting United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990)).
cited Cited as authority (rule) United States v. Valderama-Cano
4th Cir. · 2002 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990).
cited Cited as authority (rule) United States v. Martin
4th Cir. · 2002 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990).
cited Cited as authority (rule) United States v. Stoudemire
4th Cir. · 2001 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990).
discussed Cited as authority (rule) United States v. Simons
E.D. Va. · 1998 · confidence medium
The Fourth Circuit has ruled that “ ‘ministerial’ violations of Rule 41(d) ‘require suppression only if the defendant can demonstrate that he was prejudiced by the violation.’” United States v. Smith, 914 F.2d 565, 568 (4th Cir.1990).
cited Cited as authority (rule) United States v. Smith
4th Cir. · 1998 · confidence medium
See United States v. Sheffer, 896 F.2d 842, 846 (4th Cir. 1990); United States v. Smith, 914 F.2d 565, 569 (4th Cir. 1990).
cited Cited as authority (rule) United States v. Ramsey
4th Cir. · 1998 · confidence medium
See United States v. Kincaid, 964 F.2d 325, 329 (4th Cir. 1992); United States v. Smith, 914 F.2d 565, 569-70 (4th Cir. 1990).
discussed Cited as authority (rule) United States v. Walker
4th Cir. · 1997 · confidence medium
See United States v. Kincaid, 964 F.2d 325, 329 (4th Cir. 1992); United States v. Smith, 914 F.2d 565, 569-70 (4th Cir. 1990). _________________________________________________________________ *U.S. Sentencing Guidelines Manual § 3B1.1(a) (1996). 2 The record discloses that Walker and his partner of approximately four years ("Taylor") bought and distributed crack cocaine through a network of sellers.
cited Cited as authority (rule) United States v. Cotten
4th Cir. · 1997 · confidence medium
See United States v. Veilleuz, 949 F.2d 522, 525 (1st Cir. 1991); United States v. Smith, 914 F.2d 565, 569-70 (4th Cir. 1990).
cited Cited as authority (rule) United States v. Enrico Ferriante Cotten
4th Cir. · 1997 · confidence medium
See United States v. Veilleuz, 949 F.2d 522, 525 (1st Cir.1991); United States v. Smith, 914 F.2d 565, 569-70 (4th Cir.1990). 12 In conclusion, we affirm Cotten's conviction and sentence.
cited Cited as authority (rule) United States v. Nathaniel Jerome Osborne, A/K/A Rome
4th Cir. · 1996 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991).
cited Cited as authority (rule) United States v. Osborne
4th Cir. · 1996 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir. 1990), cert. denied, 498 U.S. 1101 (1991).
cited Cited as authority (rule) United States v. Rancher
N.D.W. Va. · 1996 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 498 U.S. 1101 , 111 S.Ct. 999 , 112 L.Ed.2d 1082 (1991).
cited Cited as authority (rule) United States v. David Fitzgerald Lightner, United States of America v. Broderick Edward Graves, A/K/A Broad
4th Cir. · 1996 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991).
cited Cited as authority (rule) United States v. Lightner
4th Cir. · 1996 · confidence medium
United States v. Smith , 914 F.2d 565, 569 (4th Cir. 1990), cert. denied, 498 U.S. 1101 (1991).
discussed Cited as authority (rule) United States v. David Bernard Jordan
4th Cir. · 1995 · confidence medium
To sustain a Sec. 924(c) conviction, "it is enough if the firearm is present for protection and to facilitate the likelihood of success, whether or not it is actually used." United States v. Smith, 914 F.2d 565, 567 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991). 8 Police testimony established that Jordan carried a .38 caliber handgun when he went to his co-conspirator's house to deliver a supply of cocaine.
discussed Cited as authority (rule) United States v. Alfred S. Tinsley
4th Cir. · 1995 · confidence medium
To sustain a conviction under this section, "it is enough if the firearm is present for protection and to facilitate the likelihood of success, whether or not it is actually used." United States v. Smith, 914 F.2d 565, 567 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991) (quoting United States v. Brockington, 849 F.2d 872, 876 (4th Cir.1988)).
cited Cited as authority (rule) United States v. Cucci
W.D. Va. · 1995 · confidence medium
United States v. Williams, 977 F.2d 866, 870 (4th Cir.1992) (citing United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990)).
cited Cited as authority (rule) United States v. Ewin Henriques
4th Cir. · 1995 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991).
discussed Cited as authority (rule) United States v. Ricky Davis Mallory, United States of America v. Rodney A. Simms
4th Cir. · 1995 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991). 3 A 4-level adjustment may be given to a defendant who is a leader or an organizer of a criminal activity which involved five or more participants or was otherwise extensive.
cited Cited as authority (rule) United States v. William H. Williams, A/K/A Kenneth Biddle
4th Cir. · 1995 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991).
discussed Cited as authority (rule) United States v. Courtney Solomon McKenzie A/K/A Roger Ricardo McKenzie A/K/A Shawn McKenzie A/K/A Shawnee, United States of America v. Pepito N. Cowie, A/K/A Mike Thompson, A/K/A Peter, United States of America v. Ricardo Victor Cowie, A/K/A Kevin D. Smith, A/K/A Kid, United States of America v. Richard Mark St. Hill, A/K/A James
4th Cir. · 1994 · confidence medium
Sec. 3B1.1(a) provides for a four-level sentencing enhancement "[i]f the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive...." Enhancements for a defendant's leadership role in a conspiracy have been applied where the defendant recruited another individual to accompany him on a drug purchasing trip, stored drugs and cash in his room, claimed a larger percentage of trafficking proceeds, and exercised authority over co-conspirators in the distribution of drugs, see United States v. Smith, 914 F.2d 565, 570 (4th Cir.), …
examined Cited as authority (rule) United States v. Deborah Kasey Powell, United States of America v. Tony Maurice Hairston, United States of America v. Stephen Austin Pillars, United States of America v. Daniel Russell Wood (3×) also: Cited "see"
4th Cir. · 1994 · confidence medium
See also Paz, 927 F.2d at 179 (stating that because a "gun was present and accessible, even though under a mattress, ... there is little question that its presence would help facilitate the success of the criminal undertaking"); United States v. Smith, 914 F.2d 565, 567-68 (4th Cir.1990) (holding that a loaded .22 caliber derringer found under a mattress in the room where the drug transaction occurred was "used" by defendant within the meaning of Section 924(c)), cert. denied, 498 U.S. 1101 (1991). 30 As to Count 23, government witness Billy Fisher testified that, immediately after a meeting t…
discussed Cited as authority (rule) United States v. Henoud
4th Cir. · 1994 · confidence medium
He set up, conducted, and oversaw the operations at the Parliament Drive location, see United States v. Chambers, 985 F.2d 1263, 1267-68 (4th Cir.), cert. denied, 114 S.Ct. 107 (1993); recruited and exercised control over Washington, see United States v. Kincaid, 964 F.2d 325, 329 (4th Cir.1992); United States v. Smith, 914 F.2d 565, 570 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991); coordinated the rental by "Davis" and "Reyes" of Suites 204 and 207 at the Parliament Drive location, as evidenced by his occupation of the premises and possession of the leases and receipts; and financed bot…
cited Cited as authority (rule) United States v. Calvin Eugene Smith
4th Cir. · 1994 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991); United States v. Goff, 907 F.2d 1441, 1444 (4th Cir.1990).
discussed Cited as authority (rule) United States v. Charles E. Clyburn
4th Cir. · 1994 · confidence medium
Accordingly, a warrant proceeding must meet the particulars of Rule 41 only where “the warrant application was made ‘at the direction or urging of a federal officer.’” United States v. Williams, 977 F.2d 866, 870 (4th Cir.1992) (quoting United States v. Smith, 914 F.2d 565, 569 (4th Cir. 1990)).
discussed Cited as authority (rule) United States v. Dwight Spears, A/K/A Whitey
4th Cir. · 1994 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 498 U.S. 1101 (1991). 8 Spears argues on appeal that the leader adjustment was clearly erroneous because the probation officer did not recommend it and because the evidence did not support it.
discussed Cited as authority (rule) United States v. George Borden, United States of America v. Billy Smith, Sr.
4th Cir. · 1993 · confidence medium
The trial court’s factual finding that Borden assumed a leadership role in the musseling activity was not clearly erroneous, see United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990) (holding that the clearly erroneous standard of review applies to § 3Bl.l(c) determinations), and we affirm Borden’s sentence. *1064 VI.
discussed Cited as authority (rule) United States v. Stanford Smith A/K/A Willie Ellis Eveleigh
2d Cir. · 1993 · confidence medium
See United States v. Parrish, 925 F.2d 1293, 1296 (10th Cir.1991) (affidavit of officer applying for warrant need not allege personal knowledge of drug trafficking); United States v. Smith, 914 F.2d 565, 568 (4th Cir.1990) (upholding finding of probable cause when police official stated in affidavit that informant entered motel room with no cocaine in his possession and exited room possessing cocaine), cert. denied, 498 U.S. 1101 , 111 S.Ct. 999 , 112 L.Ed.2d 1082 (1991); Fed.R.Crim.P. 41 ("The finding of probable cause may be based upon hearsay evidence in whole or in part."); Gates, 462 U.S.…
discussed Cited as authority (rule) United States v. Ward Everette Mohler
4th Cir. · 1993 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir. 1990), cert. denied, 59 U.S.L.W. 3563 (U.S. 1991); United States v. Sheffer, 896 F.2d 842 (4th Cir.), cert. denied, 59 U.S.L.W. 3246 , and 59 U.S.L.W. 3362 (U.S. 1990). 9 The district court's finding that Mohler was a leader or organizer was not clearly erroneous.
discussed Cited as authority (rule) United States v. Roger Skinner (2×)
7th Cir. · 1993 · confidence medium
See United States v. Singer, 970 F.2d 1414, 1419 (5th Cir.1992) (citing application note 3, court approved two-point enhancement for "organizer" status); United States v. Schwarck, 961 F.2d 121, 123 (8th Cir.1992) (relying on "decision-making authority" factor, court affirmed two-point enhancement for role as manager or supervisor); United States v. Lincoln, 956 F.2d 1465, 1474 (8th Cir.) (reciting application note 3 factors, court affirmed enhancement based on evidence that the defendant initiated and orchestrated perjury scheme), cert. denied, — U.S. —, 113 S.Ct. 259 , 121 L.Ed.2d 190 (1…
discussed Cited as authority (rule) United States v. Clyburn (2×) also: Cited "see"
D.S.C. · 1992 · confidence medium
The Fourth Circuit recently held that “the test to be applied in determining whether a warrant must be obtained in compliance with Rule 41(a) is whether the warrant application was made “at the direction or urging of a federal officer.” United States v. Williams, 977 F.2d 866 (4th Cir.1992) (quoting United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 999 , 112 L.Ed.2d 1082 (1991)). 6 No federal officers were involved in the issuance or execution of the Clyburn search warrant.
discussed Cited as authority (rule) United States v. Wade Dalton Grubbs
4th Cir. · 1992 · confidence medium
United States v. Brockington, 849 F.2d 872, 876 (4th Cir. 1988); see also United States v. Paz, 927 F.2d 176, 179 (4th Cir. 1991); United States v. Smith, 914 F.2d 565, 567-68 (4th Cir. 1990), cert. denied, 59 U.S.L.W. 3563 (U.S. 1991).
discussed Cited as authority (rule) United States v. Buck Williams, United States of America v. Charles J. McNeal
4th Cir. · 1992 · confidence medium
In a recent case, we decided that the test to be applied in determining whether a warrant must be obtained in compliance with Rule 41(a) is whether the warrant application was made “at the direction or urging of a federal officer.” United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, — U.S. -, 111 5.
discussed Cited as authority (rule) Rich v. State
Md. Ct. Spec. App. · 1992 · confidence medium
E.g., United States v. Brown, 915 F.2d 219, 224 (6th Cir.1990) (defendant’s admission he carried pistol to protect curbside drug sales sufficient to show use); United States v. Duke, 940 F.2d 1113 (8th Cir.1991) (where two guns were found in house where defendant stored and processed drugs, it is enough if availability increased likelihood criminal undertaking would succeed); United States v. LaGuardia, 774 F.2d 317, 321 (8th Cir.1985) (firearms found in same apartment with large amounts of cocaine and cash sufficient to show use); United States v. Lucas, 932 F.2d 1210, 1223 (8th Cir.), cert…
discussed Cited as authority (rule) United States v. James E. Weston
4th Cir. · 1992 · confidence medium
Viewed in its entirety, the evidence establishes that Weston was a solicitor of gratuities for himself rather than one who recruited members of a conspiracy, exercised control and authority over them, and claimed a larger share of the jointly generated proceeds, United States v. Smith, 914 F.2d 565, 570 (4th Cir. 1990), or who "exercised authority" and "kept the fruits of the crime," United States v. Curtis, 934 F.2d 553, 556 (4th Cir. 1991), or who "orchestrated the scheme," United States v. Ellis, 951 F.2d 580 , 584-85 & n.4 (4th Cir. 1991).
cited Cited as authority (rule) United States v. Ricky Dingle, United States of America v. Earl Scott
4th Cir. · 1991 · confidence medium
United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, 59 U.S.L.W. 3563 (February 19, 1991). 21 Again, there are sufficient facts to support the court's conclusion.
discussed Cited as authority (rule) United States v. Curtis
4th Cir. · 1991 · confidence medium
“A determination by the district court of a defendant’s role in the offense is a factual determination and is thus reviewable under the clearly erroneous standard.” United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 999 , 112 L.Ed.2d 1082 (1991).
cited Cited "see" United States v. Kirk
8th Cir. · 2008 · signal: see · confidence high
See United States v. Smith, 914 F.2d 565, 567 (4th Cir.1990) (noting that “drug dealing is a dangerous and often violent enterprise”).
cited Cited "see" United States v. McMillion
4th Cir. · 2006 · signal: see · confidence high
See United States v. Smith, 914 F.2d 565 (4th Cir.1990), cert. denied, 498 U.S. 1101 , 111 S.Ct. 999 , 112 L.Ed.2d 1082 (1991).
cited Cited "see" United States v. Davis
E.D. Va. · 2003 · signal: see · confidence high
See United States v. Williams, 977 F.2d 866, 870 (4th Cir.1992) (quoting United States v. Smith, 914 F.2d 565, 569 (4th Cir.1990)).
discussed Cited "see" United States v. Mark L. Simons
4th Cir. · 2000 · signal: see · confidence high
See United States v. Smith, 914 F.2d 565, 568 (4th Cir.1990) (labeling as “ministerial” claimed error that, government had not returned warrant to magistrate judge within prescribed period); United States v. Wyder, 674 F.2d 224, 225-26 (4th Cir.1982) (labeling as “ministerial” scrivenor’s error contained in copy of the warrant given to the defendant).
discussed Cited "see" United States v. Simons
4th Cir. · 2000 · signal: see · confidence high
See United States v. Smith, 914 F.2d 565, 568 (4th Cir. 1990) (labeling as "ministerial" claimed error that government had not returned warrant to magistrate judge within prescribed period); United States v. Wyder, 674 F.2d 224, 225-26 (4th Cir. 1982) (labeling as "ministerial" scrivenor's error contained in copy of the warrant given to the defendant).
cited Cited "see" United States v. Anthony Miller
4th Cir. · 2000 · signal: see · confidence high
See United States v. Smith, 914 F.2d 565, 569 (4th Cir. 1990).
cited Cited "see" United States v. Wilson
4th Cir. · 1999 · signal: see · confidence high
See United States v. Smith, 914 F.2d 565, 569 (4th Cir. 1990).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Rudi Bernard SMITH, Defendant-Appellant
89-5544.
Court of Appeals for the Fourth Circuit.
Sep 19, 1990.
914 F.2d 565
John G. Hackney, Jr., Charleston, W.Va., for defendant-appellant., Dwane L. Tinsley, Asst. U.S. Atty., Charleston, W.Va., (Michael W. Carey, U.S. Atty., Charleston, W.Va., on brief), for plaintiff-appellee.
Hall, Wilkins, Bullock, Middle.
Cited by 74 opinions  |  Published
WILKINS, Circuit Judge:

Rudi Bernard Smith appeals his convictions by a jury of distribution of crack, possession with the intent to distribute crack, and possession of a firearm during and in relation to a drug trafficking crime. 21 U.S.C.A. § 841(a)(1) (West 1981); 18 U.S.C.A. § 924(c)(1) (West Supp.1990). He contends that the evidence was insufficient to convict him of the firearm charge. He challenges on several grounds the admission of evidence seized during a search pursuant to a warrant. Finally, he contends that the district court erred in finding that he was an “organizer” of criminal activity as defined in the sentencing guidelines. We affirm.

I.

While the evidence produced at trial was conflicting, we are required to view the evidence in the light most favorable to the government. Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942). On August 9, 1988, Lieutenant Larry Dotson of the Kanawha County, West Virginia Sheriff’s Department received a call from an individual who identified himself as Willie Rhem. Rhem advised Dotson that he knew a man named Rudi Smith who was selling crack in Charleston, West Virginia. Dotson and Rhem then met at a local nightclub and Rhem informed Dotson that the preceding day he had picked up his brother Melvin at the Red Roof Inn in the Kanawha City section of Charleston. Rhem told Dotson that he entered Room 254 at the Inn and saw Rudi Smith and a girl later identified as Normonica Askew. In the room he observed cocaine, jewelry, razor blades, and a handgun.

Dotson escorted Rhem to his office where Rhem placed a recorded call to Smith in Room 254 of the Inn and arranged a cocaine buy. After the call was placed, officers searched Rhem and his car and placed a transmitter on him. Rhem and Dotson then drove to the parking lot of a nearby grocery store where Dotson gave him $400 in marked United States currency to use in purchasing the cocaine. Dotson and another agent then followed Rhem’s car a quarter of a mile to the Inn parking lot.

Dotson observed Rhem enter and exit Room 254 at the Inn. While Rhem was inside the room the surveillance unit monitored and recorded the conversation. After Rhem purchased a quantity of crack from Smith, he drove back to the grocery store where he turned over the contraband to Dotson.

[*567] Later that day, Rhem gave a written statement to Dotson regarding the purchase from Smith. After receiving the statement, Dotson prepared an affidavit, presented it to the county magistrate, and obtained a warrant authorizing the search of Room 254. The affidavit stated that a “reliable confidential informant” was observed entering Room 254 where he purchased crack from Smith and that the informant later turned over the crack to Dotson.

After obtaining the search warrant Dotson and other officers returned to the Inn where the motel manager confirmed that Room 254 was registered to Rudi Smith. Pursuant to the officers’ request, the manager telephoned Smith and requested that he come to the front desk to clear up a problem with his bill. On his way to the front desk, Smith was arrested. The officers then searched Room 254 and seized over 3 ounces of crack, a purse containing cocaine and over $3,000 in cash, and razor blades. A loaded .22 caliber derringer, found underneath the mattress of the bed and near the purse, was also seized. In addition, officers seized two bags of crack from Smith’s person. Askew was arrested nearby.

On August 15,1988, a federal grand jury returned a four-count indictment against Smith and Askew. Askew was subsequently placed in a pre-trial diversion program. After a jury trial, Smith was convicted of all four counts. [1]

Smith’s base offense level for the drug offenses was 32. See United States Sentencing Commission, Guidelines Manual, § 2D1.1 (Oct.1988). At the sentencing hearing following his conviction, the district court agreed with the recommendation of the presentence report and found that Smith was an “organizer” for sentencing purposes and increased his offense level by 2. See U.S.S.G. § 3Bl.l(c). Offense level 34 combined with criminal history category II resulted in a sentencing guidelines range for the drug offenses of 168 to 210 months. The district court imposed a sentence of 168 months and a consecutive 60-month sentence as required for the firearm violation, producing a total sentence of 228 months.

II.

Smith contends that the evidence was insufficient to convict him of violating section 924(c)(1). We have held that to sustain a conviction under this section “it is enough if the firearm is present for protection and to facilitate the likelihood of success, whether or not it is actually used.” United States v. Brockington, 849 F.2d 872, 876 (4th Cir.1988). In Brockington, the defendant was arrested while a passenger in a taxi. A search of his person incident to arrest yielded cocaine and heroin. Officers also recovered a loaded firearm under the floormat beneath his seat in the cab. Affirming Brockington’s section 924(c)(1) conviction, we held:

[TJhere was sufficient evidence for the jury to conclude that Brockington possessed the drugs seized incident to his arrest with the intent to distribute them, and indeed, was in the process of conducting his illegal trade. This evidence, coupled with the common sense recognition that drug dealing is a dangerous and often violent enterprise, more than supports an inference that Brockington carried the weapon to facilitate his “business.”

Id. (citation omitted).

Viewing the evidence in the light most favorable to the government, ample evidence existed for the jury to have concluded that the derringer was used by Smith “for protection and to facilitate the likelihood of success.” First, the loaded gun was found in close proximity to a purse containing cocaine and a large sum of money. Second, both Rhem and Askew testi[*568] fied that they had earlier seen the gun on the dresser along with drugs, money, and jewelry. See United States v. Poole, 878 F.2d 1389, 1393 (11th Cir.1989) (“[T]he presence of weapons in a location defendant used to distribute a significant quantity of illegal drugs is sufficient to submit to the jury the issue of whether defendant used the firearms in connection with a drug trafficking crime.”).

We find Brockington dispositive and Smith’s attempt to distinguish it unavailing. We therefore affirm the section 924(c)(1) conviction.

III.

Smith challenges the search of his motel room by asserting that there was a lack of probable cause, that the officers violated state law by not promptly returning the warrant and the property seized pursuant to it to the issuing magistrate, and that the officers violated Rule 41 of the Federal Rules of Criminal Procedure by obtaining a state warrant from a state court not of record to execute a “federal search.” We consider these contentions in turn.

A.

Smith attacks the conclusory nature of the affidavit, specifically asserting that the affidavit supporting the search warrant did not establish probable cause because the affiant (Lieutenant Dotson) failed to explain how the “reliable confidential informant” was indeed reliable or how he knew that the informant had observed cocaine in Room 254. This argument is manifestly without merit. The affidavit clearly states that the informant was observed entering a room with no cocaine in his possession, exiting the room, and then turning over cocaine to Dotson. Thus, it is clear that the magistrate had a “ ‘substantial basis for ... concluding’ ” that there was “a fair probability that contraband or evidence of a crime” would be found in Room 254. Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983) (citation omitted). [2]

B.

Smith argues that the warrant and the property seized during the search were not returned to the magistrate within ten days as required by West Virginia Code section 62-1A-4 (1989). As the government correctly notes, however, this section requires only that the warrant, not the seized property, be returned to the magistrate along with an inventory of the property seized. Smith acknowledges this, but points to the statement on the warrant itself requiring the officer to “seize such property and bring the same before me to be dealt with according to law.” He maintains further that the government has never shown that the warrant was returned.

The federal analog to West Virginia Code section 62-1A-4 is Rule 41(d) which mandates, inter alia, prompt return of federal warrants. We have held that “ministerial” violations of Rule 41(d) “require suppression only if the defendant can demonstrate that he was prejudiced by the violation.” United States v. Wyder, 674 F.2d 224, 226 (4th Cir.) (collecting cases), cert. denied, 457 U.S. 1125, 102 S.Ct. 2944, 73 L.Ed.2d 1340 (1982); see 2 W. LaFave, Search and Seizure § 4.12(c) (1987) (“the ‘overwhelming weight of authority’ is to the effect that required warrant return procedures are ministerial and that failure to comply with them is not a ground for voiding an otherwise valid search”) (quoting United States v. Kennedy, 457 F.2d 63, 67 (10th Cir.), cert. denied, 409 U.S. 864, 93 S.Ct. 157, 34 L.Ed.2d 112 (1972)). Because Smith has demonstrated no prejudice from the alleged failure of the government to timely return the search warrant, the district court did not err in denying his motion to suppress.

[*569] C.

Smith next argues that the evidence seized during the search should have been suppressed because the search was federal in nature and the warrant was not issued by either a federal magistrate or a state court of record. Fed.R.Crim.P. 41(a); see generally 2 W. LaFave, Search and Seizure § 4.2(f) (1987). Smith contends that the search was federal in nature because (1) a Drug Enforcement Administration agent was present at the motel during the search and (2) after the search the matter became largely a federal prosecution. His underlying theory is that Lieutenant Dotson intended these offenses to be prosecuted in federal court from the beginning, but sought a state warrant to avoid an allegedly stricter scrutiny by a federal magistrate.

Lieutenant Dotson, a state police officer, spearheaded the search. Significantly, there is no evidence that he applied for the warrant at the direction or urging of a federal officer. See, e.g., United States v. MacConnell, 868 F.2d 281, 284 (8th Cir.1989) (significant prior involvement by federal officials required before a search may be categorized federal); United States v. Bookout, 810 F.2d 965, 967 (10th Cir.1987) (search is federal “when federal officers are directly involved in carrying out the search itself and in taking immediate custody of the fruits of the search”); United States v. Bedford, 519 F.2d 650, 654 n. 1 (3d Cir.1975) (“something more than ‘mere participation’ by federal officers must be found before a state search is transformed into a federal undertaking”), cert. denied, 424 U.S. 917, 96 S.Ct. 1120, 47 L.Ed.2d 323 (1976). Although a DEA agent was present during the search and requested the motel manager to phone Smith and lure him from his room, this in itself is insufficient to render the search a federal one. Cf. United States v. Johnson, 451 F.2d 1321, 1322 (4th Cir.1971) (mere presence of three federal agents during search insufficient to implicate requirements of Rule 41(a)), cert. denied, 405 U.S. 1018, 92 S.Ct. 1298, 31 L.Ed.2d 480 (1972).

IV.

Section 3Bl.l(c) of the sentencing guidelines provides that a defendant’s offense level may be increased by 2 levels “[i]f the defendant was an organizer, leader, manager, or supervisor in any criminal activity other than described in (a) or (b).” A determination by the district court of a defendant’s role in the offense is a factual determination and is thus reviewable under the clearly erroneous standard. United States v. Daughtrey, 874 F.2d 213, 218 (4th Cir.1989). The sentencing guidelines provide direction to the courts in determining whether a defendant is an organizer:

Factors the court should consider include the exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others.

U.S.S.G. § 3B1.1, comment, (n. 3).

Smith contends the district court erred in finding that he was an organizer. He argues that there is no evidence that Askew and Melvin Rhem did anything other than merely accompany him and therefore only he was criminally responsible for the commission of the offense. [3]

[*570] The district court adopted the recommended findings set forth in the presen-tenee report that Smith was an organizer of a conspiracy involving Askew and others to distribute cocaine. The record shows that Smith recruited Askew to travel with him and Melvin Rhem from Florida to West Virginia and that Smith was transporting cocaine during the trip. Also, cocaine and cash were found in Askew’s purse in Room 254 during the search, indicating that she was an accomplice. Finally, there was evidence that Smith claimed a larger share of the money received from the drug sales and that he exercised control and authority over Willie and Melvin Rhem while distributing drugs. The finding that Smith was an organizer is not clearly erroneous.

AFFIRMED.

1

. The jury also convicted Smith of conspiracy to distribute and to possess with the intent to distribute 50 grams or more of crack. The district court granted Smith’s motion for acquittal and vacated his conviction of this count.

2

. We also reject as meritless Smith’s contentions that the officers' search exceeded the scope of the warrant and that the warrant is invalid because the affidavit page was not properly sworn although it was expressly incorporated into an earlier sworn section of the warrant.

3

. We note that the 168-month sentence imposed on Smith is at the bottom of the sentencing range for level 34, criminal history category II. This overlaps with the high end of the sentencing range for level 32 that would have been applicable had the district court not applied the 2-level increase for role in the offense. Appellate review of the propriety of the increase would therefore be unnecessary “[h]ad the district judge stated that the sentence would have been the same regardless of which sentencing range had ultimately been determined to be appropriate." United States v. White, 875 F.2d 427, 432-33 (4th Cir.1989); see United States v. Willard, 909 F.2d 780 (4th Cir.1990); United States v. McCrary, 887 F.2d 485, 489 (4th Cir.1989). Because the district judge did not make such a statement, we consider Smith’s claim of error on the merits.