Sufficient Evidence Supported Manager Enhancement in Meth Case

US v. Garcia, 2008 WL 2039535 (10th Cir. 5/14/08), unpublished: Tenth Circuit affirms 210-month sentence for one count of possession with intent to distribute lots of meth. The original presentence report gave Mr. Garcia a total offense level of 33, including a two-level safety valve reduction. The government opposed that (upon which the probation officer obligingly rewrote the report to delete the two levels) and also moved for an upward departure, both based on Mr. Garcia's alleged management of three other persons involved in the conspiracy. This resulted in a 4-offense level turnaround to defendant's detriment.

Apparently, the defendant only appealed the two-level upward enhancement and not the denial of safety valve. The Tenth concluded that the district court did not err in assessing the two-level enhancement for defendant having a management or supervisory role under USSG 3B1.1(c). The district court found that Mr. Garcia managed or supervised three other people. Although it was not clear what evidence the court relied on regarding its determination concerning two of the three, the court's statement regarding the third alleged subordinate was sufficient to support the enhancement. The defendant did not appeal the reasonableness of his sentence, but the Tenth addressed it anyway, saying the within-guideline sentence was presumptively reasonable.