USA v. Martin Villems, No. 05-15700 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 05-15700 Non-Argument Calendar ________________________ SEPT 07, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 05-10011-CR-KMM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARTIN VILLEMS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (September 7, 2006) Before DUBINA, HULL and WILSON, Circuit Judges. PER CURIAM: After consideration of the parties s briefs and review of the record, we find no clear error in the district court s enhancement of Villems s sentence based on his role as a leader and organizer of the conspiracy to commit access device fraud. The undisputed facts in the presentence investigation report and the facts admitted at the plea colloquy reflect that Villems exercised decision-making authority, recruited accomplices, and was very involved in planning and organizing the conspiracy. Further, he exercised control over Katrin Pitkmann, and the conspiracy involved at least five participants. Thus, we affirm Villems s sentence. AFFIRMED. 2

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