US v. Luis Villareal-Marrero, No. 13-4804 (4th Cir. 2014)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4804 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LUIS ALBERTO VILLAREAL-MARRERO, a/k/a Gordo Cacheton, a/k/a Weez, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, District Judge. (4:13-cr-00048-RAJ-DEM-1) Submitted: April 22, 2014 Decided: June 2, 2014 Before DUNCAN, KEENAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff, Federal Public Defender, Richard J. Colgan, Assistant Federal Public Defender, Nicholas J. Xenakis, Research & Writing Attorney, Norfolk, Virginia, for Appellant. Dana J. Boente, Acting United States Attorney, Eric M. Hurt, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Luis Alberto Villareal-Marrero appeals the 216-month sentence imposed by the district court following his guilty plea to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), Villareal-Marrero applying a (b)(1)(A), argues and that four-level the 846 (2012). district enhancement On court under U.S. appeal, erred by Sentencing Guidelines Manual ( USSG ) § 3B1.1(a) (2012) for his role as an organizer or leader of the criminal activity. After careful review of the record, we affirm. The district court s determination that a defendant is an organizer or leader in reviewed for clear error. 312, 317 (4th Cir. 2011). the offense is a factual finding United States v. Thorson, 633 F.3d To qualify for a four-level increase, a defendant must have been an organizer or leader of a criminal activity that otherwise distinguish involved extensive. an five or USSG organizational § or more participants 3B1.1(a). leadership or Factors role from that lesser roles 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. 2 was USSG § 3B1.1 cmt. n.4. Here, Villareal-Marrero controlled the activities of several coconspirators, directing them to count the money collected, deposit it into his bank accounts, and, on at least one occasion, to collect money directly from a customer. individuals antique allowed vehicles him in to lease their names, transactions at their property. concluded, occurred the distribution without residence and to and purchase conduct drug Moreover, as the district court of the Villareal-Marrero contact with the supplier. his These cocaine because he could was not in have direct On these facts, we cannot conclude that the district court clearly erred when it found VillarealMarrero to be a leader or organizer. Accordingly, we affirm the district court s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the material before this court and argument will not aid the decisional process. AFFIRMED 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
