United States v. Jose Armando Rodriguez, 925 F.2d 107 (5th Cir. 1991). · Go Syfert
United States v. Jose Armando Rodriguez, 925 F.2d 107 (5th Cir. 1991). Cases Citing This Book View Copy Cite
“the prosecutor merely agreed not to prosecute for these offenses, not to withhold facts from the court.”
40 citation events (3 in the last 25 years) across 11 distinct courts.
Strongest positive: UNITED STATES OF AMERICA v. CHARLES MCCARVER
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discussed Cited as authority (verbatim quote) UNITED STATES OF AMERICA v. CHARLES MCCARVER
unknown court · quote attribution · 1 verbatim quote · confidence high
the prosecutor merely agreed not to prosecute for these offenses, not to withhold facts from the court.
cited Cited as authority (rule) United States v. Morocco Porter
5th Cir. · 2013 · confidence medium
United States v. Hoster, 988 F.2d 1374, 1378 (5th Cir.1993); United States v. Rodriguez, 925 F.2d 107, 112 (5th Cir.1991).
discussed Cited as authority (rule) United States v. Coates (2×) also: Cited "see"
D.D.C. · 2003 · confidence medium
Furthermore, in conducting its analysis under Section 3B1.2, a court should look to “the contours of the underlying scheme itself rather than the mere elements of the offense charged.” Id. at 1298 (quoting United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991)) (internal quotation omitted).
discussed Cited as authority (rule) United States v. Isabel Rodriguez De Varon (2×)
11th Cir. · 1999 · confidence medium
Even if a courier is charged with importing only the quantity of drugs that he actually carried, there may still be other participants involved in the conduct relevant to that small amount or that one transaction.”) (citing United States v. Rodriguez De Varon, 136 F.3d 740, 745 (11th Cir.1998) (emphasis added)); United States v. Snoddy, 139 F.3d 1224, 1228 (8th Cir.1998) (“ ‘Whether a downward adjustment is warranted is determined not only by comparing the acts of each participant in relation to the relevant conduct for which the participant is held accountable, but also by measuring eac…
discussed Cited as authority (rule) United States v. Harfst
10th Cir. · 1999 · confidence medium
Caballero held, in contrast to the holding in Burnett, that a courier charged with possession with intent to distribute could be eligible for a § 3B1.2 adjustment by looking at “‘the contours of the underlying scheme itself rather than the mere elements of the offense charged.’” 936 F.2d at 1298 (quoting United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir. 1991) (further quotation omitted)).
discussed Cited as authority (rule) United States v. Eric Stuart Harfst
10th Cir. · 1999 · confidence medium
Caballero held, in contrast to the holding in Burnett , that a courier charged with possession with intent to distribute could be eligible for a § 3B1.2 adjustment by looking at “‘the contours of the underlying scheme itself rather than the mere elements of the offense charged,’ ” 936 F.2d at 1298 (quoting United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991) (further quotation omitted)).
discussed Cited as authority (rule) United States v. Marc A. Snoddy
8th Cir. · 1998 · confidence medium
The court’s reassessment was as follows: Like the several courts that have addressed this issue since the clarifying amendment, we conclude that section 3B1 allows the sentencing judge to look to “‘the contours of the underlying scheme itself rather than the mere elements of ‘the offense charged.’” United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991) (quoting United States v. Mir, 919 F.2d 940, 945 (5th Cir.1990)).
discussed Cited as authority (rule) United States v. Marc A. Snoddy
8th Cir. · 1998 · confidence medium
The court’s reassessment was as follows: Like the several courts that have addressed this issue since the clarifying amendment, we conclude that section 3B1 allows the sentencing judge to look to “‘the contours of the underlying scheme itself’ rather than the mere elements of 13 ‘the offense charged.’” United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir. 1991) (quoting United States v. Mir, 919 F.2d 940, 945 (5th Cir. 1990)).
discussed Cited as authority (rule) United States v. De Varon
11th Cir. · 1998 · confidence medium
Even if a courier is charged with importing only the quantity of drugs that he actually carried, there may still be other participants involved in the conduct relevant to that small amount or that one transaction.") (citing United States v. Rodriguez De Varon, 136 F.3d 740, 745 (11th Cir.1998) (emphasis added)); United States v. Snoddy, 139 F.3d 1224, 1228 (8th Cir.1998) (" 'Whether a downward adjustment is warranted is determined not only by comparing the acts of each participant in relation to the relevant conduct for which the participant is held accountable, but also by measuring each part…
discussed Cited as authority (rule) United States v. De Varon
11th Cir. · 1998 · confidence medium
Even if a courier is charged with importing only the quantity of drugs that he actually carried, there may still be other participants involved in the conduct relevant to that small amount or that one transaction.”) (citing United States v. Rodriguez De Varon, 136 F.3d 740, 745 (11th Cir.1998) (emphasis added)); United States v. Snoddy, 139 F.3d 1224, 1228 (8th Cir. 1998) (“‘Whether a downward adjustment is warranted is determined not only by comparing the acts of each participant in relation to the relevant conduct for which the participant is held accountable, but also by measuring eac…
discussed Cited as authority (rule) United States v. Mara Beth Montague
7th Cir. · 1994 · confidence medium
See Perdomo, 927 F.2d at 117 ; United States v. Caballero, 936 F.2d 1292, 1298-99 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 943 , 117 L.Ed.2d 113 (1992); United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991); United States v. Fells, 920 F.2d 1179, 1185 (4th Cir.1990), cert. denied, 501 U.S. 1219 , 111 S.Ct. 2831 , 115 L.Ed.2d 1000 (1991); United States v. Bierley, 922 F.2d 1061, 1065 (3d Cir.1990).
discussed Cited as authority (rule) United States v. Kenneth P. Henderson
5th Cir. · 1994 · confidence medium
“In examining a challenge to a sentence based on the Guidelines, we must accept the factual findings of the district court unless they are clearly erroneous, but we fully review its application of the Guidelines for errors of law.” United States v. Rodriguez, 925 F.2d 107, 109-10 (5th Cir.1991).
discussed Cited as authority (rule) United States v. Henderson
5th Cir. · 1994 · confidence medium
"In examining a challenge to a sentence based on the Guidelines, we must accept the factual findings of the district court unless they are clearly erroneous, but we fully review its application of the Guidelines for errors of law." United States v. Rodriguez, 925 F.2d 107, 109-10 (5th Cir. 1991).
discussed Cited as authority (rule) United States v. Eugene R. Rosnow, United States of America v. Harry E. Carlson, United States of America v. Leland Frederick Erickson, United States of America v. Roger Walter Sands, United States of America v. Dennis W. Sands, United States of America v. George A. Yant
8th Cir. · 1994 · confidence medium
Circuit discussed the clarifying amendment to the Guidelines and stated as follows: 11 Like the several courts that have addressed this issue since the clarifying amendment, we conclude that section 3B1 allows the sentencing judge to look to " 'the contours of the underlying scheme itself' rather than the mere elements of 'the offense charged.' " United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991) (quoting United States v. Mir, 919 F.2d 940, 945 (5th Cir.1990)).
discussed Cited as authority (rule) United States v. MacArio Duran
9th Cir. · 1994 · confidence medium
Accordingly, the district court properly considered facts that did not fall within the four-corners of the structuring offense but were related to that offense through a “common scheme or plan.” See United States v. Wong, 2 F.3d 927, 928 (9th Cir.1993); United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991).
discussed Cited as authority (rule) United States v. Rosnow
8th Cir. · 1993 · confidence medium
Circuit discussed the clarifying amendment to the Guidelines and stated as follows: Like the several courts that have addressed this issue since the clarifying amendment, we conclude that section 3B1 allows the sentencing judge to look to ‘“the contours of the underlying scheme itself rather than the mere elements of ‘the offense charged.’” United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991) (quoting United States v. Mir, 919 F.2d 940, 945 (5th Cir.1990)).
cited Cited as authority (rule) United States v. Bernard Chris Costales, Cross-Appellee
11th Cir. · 1993 · confidence medium
United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991).
discussed Cited as authority (rule) United States v. Norma Moore, E. James Holmes, Fred Rodriguez, and Betty Florez
5th Cir. · 1993 · confidence medium
“In examining a challenge to a sentence based on the Guidelines, we must accept the factual findings of the district court unless they are clearly erroneous, but we fully review its application of the Guidelines for errors of law.” United States v. Rodriguez, 925 F.2d 107, 109-10 (5th Cir.1991).
discussed Cited as authority (rule) United States v. Carlton Wilfred Webster
9th Cir. · 1993 · confidence medium
See United States v. Ruiz-Batista, 956 F.2d 351, 353 (1st Cir.1992); United States v. Saucedo, 950 F.2d 1508, 1513 (10th Cir.1991); United States v. Caballero, 936 F.2d 1292, 1298-99 (D.C.Cir.1991); United States v. Perdomo, 927 F.2d 111, 116-17 (2d Cir.1991); United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991); United States v. Fells, 920 F.2d 1179, 1184-85 (4th Cir.1990).
discussed Cited as authority (rule) United States v. William Whitlow
5th Cir. · 1992 · confidence medium
Thus, the sentencing court, in making an adjustment under § 3B1.1, may ‘consider all conduct linked to the transaction [as defined above], even if it falls outside the four corners of the conviction itself.’ ” United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991) (quoting United States v. Mir, 919 F.2d 940, 945-46 (5th Cir.1990)).
discussed Cited as authority (rule) United States v. Frank H. Bethley
5th Cir. · 1992 · confidence medium
The introductory commentary to § 3B explains that “[t]he determination of a defendant’s role in the offense is to be made on the basis of all conduct within the scope of § 1B1.3 (Relevant Conduct), ... and not solely on the basis of elements and acts cited in the count of conviction.” See United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991).
discussed Cited as authority (rule) U.S. v. Bethley
5th Cir. · 1992 · confidence medium
The introductory commentary to § 3B explains that "[t]he determination of a defendant's role in the offense is to be made on the basis of all conduct within the scope of § 1B1.3 (Relevant Conduct), . . . and not solely on the basis of elements and acts cited in the count of conviction." See United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir. 1991).
discussed Cited as authority (rule) Larry Kinder v. United States
SCOTUS · 1992 · confidence medium
"Inclusion of the other 17 ounces in sentencing," the Fifth Circuit held, "is not equivalent to prosecution." 946 F.2d, at 367 (citing United States v. Rodriguez, 925 F.2d 107, 112 (CA5 1991)); see also United States v. Kim, 896 F.2d 678, 684 (CA2 1990); United States v. Frierson, 945 F.2d 650, 654-655 (CA3 1991), cert. denied, 503 U.S. ----, 112 S.Ct. 1515 , 117 L.Ed.2d 651 (1992); United States v. Smallwood, 920 F.2d 1231, 1239-1240 (CA5), cert. denied; 501 U.S. ----, 111 S.Ct. 2870 , 115 L.Ed.2d 1035 (1991); United States v. Jimenez, 928 F.2d 356, 363-364 (CA10), cert. denied, 502 U.S. ----…
discussed Cited as authority (rule) Kinder v. United States
SCOTUS · 1992 · confidence medium
"Inclusion of the other 17 ounces in sentencing,” the Fifth Circuit held, “is not equivalent to prosecution.” 946 F. 2d, at 367 (citing United States v. Rodriguez, 925 F. 2d 107, 112 (CA5 1991)); see also United States v. Kim, 896 F. 2d 678, 684 (CA2 1990); United States v. Frierson, 945 F. 2d 650, 654-655 (CA3 1991), cert. denied, 503 U. S. 952 (1992); United States v. Smallwood, 920 F. 2d 1231, 1239-1240 (CA5), cert. denied, 501 U. S. 1238 (1991); United States v. Jimenez, 928 F. 2d 356, 363-364 (CA10), cert. denied, 502 U. S. 854 (1991); United States v. Salazar, 909 F. 2d 1447, 1448-…
discussed Cited as authority (rule) Kinder v. United States
SCOTUS · 1992 · confidence medium
"Inclusion of the other 17 ounces in sentencing,” the Fifth Circuit held, “is not equivalent to prosecution.” 946 F. 2d, at 367 (citing United States v. Rodriguez, 925 F. 2d 107, 112 (CA5 1991)); see also United States v. Kim, 896 F. 2d 678, 684 (CA2 1990); United States v. Frierson, 945 F. 2d 650, 654-655 (CA3 1991), cert. denied, 503 U. S. 952 (1992); United States v. Smallwood, 920 F. 2d 1231, 1239-1240 (CA5), cert. denied, 501 U. S. 1238 (1991); United States v. Jimenez, 928 F. 2d 356, 363-364 (CA10), cert. denied, 502 U. S. 854 (1991); United States v. Salazar, 909 F. 2d 1447, 1448-…
discussed Cited as authority (rule) United States v. Michael S. Spillan
6th Cir. · 1992 · confidence medium
This amendment has impacted adjustment jurisprudence, as recently noted by the court in United States v. Caballero, 936 F.2d 1292 (D.C.Cir.1991), cert. denied, 112 S.Ct. 943 (1992): 86 Like the several courts that have addressed this issue since the clarifying amendment, we conclude that section 3B1 allows the sentencing judge to look to " 'the contours of the underlying scheme itself' rather than the mere elements of 'the offense charged.' " 87 Id. at 1298 (quoting United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991)).
cited Cited as authority (rule) United States v. Larry Kinder, United States of America v. David Kinder
5th Cir. · 1991 · confidence medium
Un ited States v. Rodriguez, 925 F.2d 107, 112 (5th Cir.1991).
cited Cited as authority (rule) United States v. David Hooten
5th Cir. · 1991 · confidence medium
United States v. Rodriguez, 925 F.2d 107, 109 (5th Cir. 1991); United States v. Suarez, 911 F.2d 1016, 1018 (5th Cir.1990).
discussed Cited as authority (rule) United States v. Lanese
Okla. · 1991 · confidence medium
We concluded “that the November 1990 amendment merely clarifies a preexisting Guidelines understanding of ‘role in the offense’ — albeit one not reflected in prior case law — as including consideration of the defendant’s role in uncharged conduct deemed ‘relevant’ under § 1B1.3.” 927 F.2d at 117 ; see United States v. Lillard, 929 F.2d 500, 503 (9th Cir.1991); United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991); United States v. Fells, 920 F.2d 1179, 1183-85 (4th Cir.1990) (Wilkins, J.).
discussed Cited as authority (rule) United States v. Jose Antonio Caballero, United States of America v. Jose Antonio Caballero
D.C. Cir. · 1991 · confidence medium
In light of this clarification, we must reassess Williams and reinterpret section 3B1 so that our interpretation comports with the language of the Guidelines. 7 Like the several courts that have addressed this issue since the clarifying amendment, we conclude that section 3B1 allows the sentencing judge to look to “ ‘the contours of the underlying scheme itself’ rather than the mere elements of ‘the offense charged.’ ” United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991) (quoting United States v. Mir, 919 F.2d 940, 945 (5th Cir.1990)).
discussed Cited as authority (rule) United States v. Lanese
Okla. · 1991 · confidence medium
We concluded "that the November 1990 amendment merely clarifies a preexisting Guidelines understanding of 'role in the offense'--albeit one not reflected in prior case law--as including consideration of the defendant's role in uncharged conduct deemed 'relevant' under Sec. 1B1.3." 927 F.2d at 117 ; see United States v. Lillard, 929 F.2d 500, 503 (9th Cir.1991); United States v. Rodriguez, 925 F.2d 107, 111 (5th Cir.1991); United States v. Fells, 920 F.2d 1179, 1183-85 (4th Cir.1990) (Wilkins, J.).
cited Cited "see, e.g." United States v. Keith Vernon Hoster
5th Cir. · 1993 · signal: see also · confidence low
See also United States v. Rodriguez, 925 F.2d 107 (5th Cir.1991).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jose Armando RODRIGUEZ, Defendant-Appellant
90-5562.
Court of Appeals for the Fifth Circuit.
Feb 19, 1991.
925 F.2d 107
George Scharmen, San Antonio, Tex., for defendant-appellant., LeRoy Morgan Jahn, Richard F. Durbin, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appel-lee.
King, Garwood, Duhé.
Cited by 34 opinions  |  Published
KING, Circuit Judge:

Jose Armando Rodriguez (Rodriguez) appeals his sentence for violations of 31 U.S.C. § 5324. Rodriguez contends that the district court erred by its application of the United States Sentencing Guidelines (Guidelines or U.S.S.G.). Finding no merit to Rodriguez’s contentions, we affirm the sentence imposed by the district court.

I.

On October 4, 1989 Rodriguez was indicted on two counts of structuring transac[*109] tions to evade reporting requirements in violation of 31 U.S.C. §§ 5324(1) and 5324(3). [1] Count One alleged that on June 6, 1989, Rodriguez engaged in five transactions, each in an amount less than $10,000, aggregating $24,000, for the purpose of evading § 5313(a)’s reporting requirements. Count Two alleged that on July 5, 1989, Rodriguez attempted to cause a domestic financial institution, Frost National Bank (Frost Bank) in San Antonio, Texas, to fail to file a CTR in connection with a $25,400 transaction.

Rodriguez agreed to plead guilty to both counts of the indictment. In return, the government agreed not to prosecute Rodriguez for certain other violations. [2] In addition, the government agreed not to oppose Rodriguez’s request for a reduction in the applicable Guidelines offense level to reflect his acceptance of responsibility as provided by U.S.S.G. § 3E1.1. Rodriguez stipulated that, for purposes of calculating his sentence under U.S.S.G. § 2S1.3(b), the funds involved in the charged offense were “criminally derived property.” Rodriguez entered his guilty plea to both counts on February 1, 1990.

On April 13, 1990, the district court sentenced Rodriguez to two concurrent terms of 37 months in prison, followed by three years of supervised release, a $5,000 fine, and mandatory assessments totalling $100. In determining the length of Rodriguez’s sentence, the district court began with a base offense level of 13 for violation of 31 U.S.C. § 5324, as provided by U.S.S.G. § 2S1.3(a)(l)(A). The base level was adjusted upward by five levels because of Rodriguez’s knowledge that the funds were criminally derived property. In addition, Rodriguez received a one level upward adjustment because the court found that the total value of funds involved in the currency transactions exceeded $100,000, and a two level upward adjustment based on Rodriguez’s role as a “organizer, leader, manager, or supervisor” in carrying out the transactions pursuant to U.S.S.G. § 3Bl.l(c). [3] The district court reduced the computation by two levels, crediting Rodriguez for accepting responsibility for his conduct. Finding the total offense level to be 19 and the criminal history score to be category I, the district court sentenced Rodriguez to a term of 37 months in prison.

II.

On appeal, Rodriguez challenges the district court’s application of the Guidelines. Specifically, Rodriguez challenges the district court’s two level upward adjustment for Rodriguez’s alleged role as a supervisor, and the one level upward adjustment because the value of the funds exceeded $100,000. In addition, Rodriguez alleges that the government violated the plea bargain agreement and seeks specific enforcement of the agreement. In examining a challenge to a sentence based on the Guidelines, we must accept the factual findings of the district court unless they are clearly erroneous, but we fully review its application of the Guidelines for errors[*110] of law. 18 U.S.C. § 3742(e); United States v. Barbontin, 907 F.2d 1494, 1497 (5th Cir.1990); United States v. Otero, 868 F.2d 1412, 1414 (5th Cir.1989). We examine each of Rodriguez's allegations in turn.

A. Two Level Increase for Defendant's Role

Rodriguez challenges the district court's two level upward adjustment for Rodriguez's role in the offense pursuant to § 3B1.1(c). That section provides:

Based on the defendant's role in the offense, increase the offense level as follows:
(c) If the defendant was an organizer, leader, manager, or supervisor in any criminal activity . . . increase by 2 levels.

Rodriguez argues that this aggravating factor may only be applied "if the defendant maintained a leadership role in the transaction on which his conviction is based." United States v. Mourning, 914 F.2d 699, 705 (5th Cir.1990) (citing United States v. Barbontin, 907 F.2d 1494, 1498 (5th Cir.1990)). Thus, for this adjustment to be properly applied, Rodriguez argues, he must have played a leadership role during the transactions for which he was convicted-those on June 6, 1989 or July 5, 1989. The district court during the sentencing hearing heard evidence that Rodriguez had directed two other persons in conducting currency transactions on January 25, 1989, February 10, 1989, and February 15, 1989. Rodriguez argues that this is not sufficient to support this increase under § 3B1.1(c).

In Barbontin, this court followed cases from the District of Columbia and Second Circuits which have held that, because § 3B1.1 specifically states that this adjustment is to be "[biased on the defendant's role in the offense," § 1B1.l's use of relevant conduct to support an adjustment does not apply. See United States v. Williams, 891 F.2d 921, 924-26 (D.C.Cir.1989); United States v. Lanese, 890 F.2d 1284, 1293-94 (2d Cir.1989). Therefore, the Barbontin court held that for purposes of measuring the size of the enterprise under § 3B1.1, the adjustment is "anchored to the transaction leading to the conviction." 907 F.2d at 1498. This analysis was followed by this court in Mourning and United States v. Alfaro, 919 F.2d 962, 967 (5th Cir.1990) (§ 3B1.1(b) applies only if other individuals were "involved in the specific offense to which the defendant pleaded guilty. We do not require each `participant' to have committed each element of the offense; rather, we require each of the participants to play some role in bringing about the specific offense charged.").

A second line of cases in this circuit ignored this method of analysis and applied § 1B1.l's use of relevant conduct in determining adjustments. See United States v. Manthei, 913 F.2d 1130, 1133-37 (5th Cir.1990). In Manthei, the court held that "the `offense' for § 3B1.1 purposes includes `criminal activity' greater in scope than the exact, or more limited, activity compromising the elements of the offense charged." Id. at 1135. The court determined that "[t]he offense of conviction involved the last link of a continuous chain of transaction in manufacturing, distributing, and retailing amphetamines" and allowed these operations to be considered in an § 3B1.1 upward adjustment for Manthei's conviction for one count of distributing two ounces of amphetamine. Id. at 1137. [4]

The government takes the position, with considerable candor, that the court's hold-jug in Barbon tin cannot be reconciled with the holding in Manthei. The government argues that Barbontin misapplies the Guidelines by ignoring U.S.S.G. § 1B1.3(a)(2). Fortunately, however, we need not resolve this conflict because we now have the benefit of the fact that Bar-bontin has been revisited. United States v. Mir, 919 F.2d 940 (5th Cir.1990).

[*111] In Mir, 5 the court expanded on Manthei and determined, based on clarifying amendments to the Guidelines, that § lB1.3’s discussion of relevant conduct should be applied to an adjustment under § 3B1.1. In sentencing Mir for one count of possession of cocaine with intent to distribute, the district court considered separate distributions by five persons allegedly controlled by Mir in making an upward adjustment for his leadership role under § 3Bl.l(a). This court affirmed, narrowly construing Barbontin and determining that Barbon-tin did not hold that “a trial court must don blinders and look solely to the narrowest possible offense charged when evaluating whether an upward adjustment is warranted under the guidelines.” Id. at 944. Rather, in Mir we determined that Barbon-tin ’s “transaction leading to the conviction” was outlined by the “contours of the underlying scheme itself” rather than merely of “the offense charged.” Id. at 945. Thus, the sentencing court, in making an adjustment under § 3B1.1, may “consider all conduct linked to the transaction [as defined above], even if it falls outside the four corners of the conviction itself.” Id. at 946. [6]

Turning to the Guidelines themselves, after the base offense level is determined by reference to Chapter Two of the Guidelines and any other adjustments required by that chapter are made, the court must look to further possible adjustments in Chapter Three. In this case, § 3B1.1 allows an upward adjustment for “aggravating role.” [7]

In determining which subsection of § 3B1.1 is applicable, the court must turn to Chapter One to assist in this application. [8] In this case, § 1B1.3 informs the court as to what relevant conduct is to be included in analysis of sections in Chapter Two and Chapter Three. [9] Section 1B1.-3(a)(1) states that “solely with respect to offenses of a character for which § 3D1.2(d) would require grouping of multiple counts, all such acts and omissions that were part of the same course of conduct or common scheme or plan as the offense of conviction [should be considered in determining adjustments in Chapter Three].” (emphasis added).

In this case, § 2S1.3 (Failure to Report Monetary Transactions) is specifically included in § 3D1.2., [10] Thus, we may include in our examination of relevant conduct all “acts and omissions that were part of the same course of conduct or common scheme or plan as the offense of conviction.” § 1B1.3(a)(2).

The transactions in which Rodriguez was found to control two other persons were part of the same “underlying scheme,” as well as the “same course of conduct or common scheme or plan,” as the offense of conviction. Thus, based on the Guidelines and this court’s recent decision in Mir, we hold that the district court did not err by considering these transactions in determining Rodriguez’s role.

B. One Level Increase for Value of Funds

Rodriguez next contends that the district court erred by including transac[*112] tions other than those for which he was convicted in determining that the value of the funds that Rodriguez had controlled was over $100,000. He cites Barbontin for the proposition that only funds “anchored to the transaction leading to the conviction” are relevant for purposes of sentence enhancement.

Again, using the same analysis as in Part II.A. above, we find Rodriguez’s argument to be misguided. Because the funds involved in these transactions were “part of the same course of conduct or common scheme or plan as the offense of conviction,” they may be considered as relevant conduct in an adjustment under Chapter Three of the Guidelines. Thus, we affirm the district court’s one level increase for the value of funds involved.

C. Alleged Breach of Plea Agreement

Lastly, Rodriguez contends that the U.S. Attorney breached the plea agreement by seeking enhancements of Rodriguez's sentence by the use of offenses not included in the indictment. Thus, he requests “specific enforcement” of the plea bargain agreement under Santobello v. New York, 404 U.S. 257, 263, 92 S.Ct. 495, 499, 30 L.Ed.2d 427 (1971).

This allegation has absolutely no merit. A prosecutor may inform the court of mitigating and aggravating factors in the determination of the sentence. The prosecutor merely agreed not to prosecute Rodriguez for these offenses, not to withhold facts from the court. See United States v. Rivera, 879 F.2d 1247, 1252 (5th Cir.1989); United States v. Prince, 868 F.2d 1379, 1385 (5th Cir.1989). Thus, there is no “specific enforcement” of the plea bargain agreement required in this case.

III.

Based on the foregoing, the sentence of Jose Armando Rodriguez is affirmed.

AFFIRMED.

1

.31 U.S.C. § 5313 requires financial institutions to file currency transaction reports (CTRs) with the Internal Revenue Service for every transaction involving more than $10,000 (amount prescribed by regulation). 31 U.S.C. § 5324 states that ‘‘[n]o person shall for the purpose of evading the reporting requirements of section 5313(a) with respect to such transactions—

(1) cause or attempt to cause a domestic financial institution to fail to file a report required under section 5313(a); ... or
(3) structure or assist in structuring, or attempt to secure or assist in structuring, any transaction with one or more domestic financial institutions.”

31 U.S.C. § 5322 provides for criminal penalties for those who violate these and other sections in Title 31.

2

. The government promised not to charge Rodriguez for allegedly violating 18 U.S.C. § 1956 (Laundering of monetary instruments) arising out of the currency transactions covered by the indictment, or for any violations arising out of his January 17, 1990 arrest by Texas Department of Public Safety officials for possession of 50-200 pounds of marijuana.

3

. The government presented evidence of several incidents between January 25, 1989 and July 5, 1989 in which Rodriguez structured or assisted in structuring transactions which attempted to avoid the filing of CTRs. These transactions included the participation of two other persons, and, when combined with similar offenses in which Rodriguez was allegedly involved (including the two offenses that are the subject of this appeal), totalled funds of $100,750.

4

. Basically, the Manthei court's analysis is a vertical expansion of the word "offense" as used in § 3B1.1. Under Manthei, conduct in which participants played some role in bringing about the specific offense charged could be considered. See Alfaro, 919 F.2d at 967 & n. 22.

5

. Mir involved not only the same issue as Bar-bontin, but the very same cocaine distribution ring. Id. at 944.

6

. The application of § lB1.3’s relevant conduct analysis in Mir is a horizontal expansion of "offense" as used in § 3B1.1.

7

. There is a parallel downward adjustment for "mitigating role” addressed in § 3B1.2.

8

. § IB 1.1 does an excellent job of assisting in step-by-step analysis under the Guidelines.

9

. Although the Introductory Commentary to Chapter Three Part B now makes it explicit that § IB 1.3 is to be consulted for relevant conduct, the 1990 amendments did not change the application of this section; they merely clarified what already existed under a careful reading of the Guidelines.

10

. This is the logical place where our cases differ from those in Williams, 891 F.2d 921 (D.C.Cir.1989) and Lanese, 890 F.2d 1284 (2d Cir.1989). Both of these cases involved offenses which would not specifically be included in § 3D1.2. Williams, 891 F.2d at 922-23 n. 1 (U.S.S.G. § 2K2.3); Lanese, 890 F.2d at 1292 (U.S.S.G. § 2E2.1). Thus, § lB1.3’s use of relevant conduct in Chapter Three adjustments would not have been appropriate in either Williams or Lanese.