United States v. Gomez, No. 17-10690 (5th Cir. 2018)
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Defendant appealed his 652 month sentence for drug trafficking and firearms offenses, arguing that the district court improperly enhanced his sentence by applying a two level adjustment pursuant to USSG 3B1.1(c) for being an organizer, leader, manager or supervisor in the underlying criminal activities.
The Fifth Circuit held that the district court did not clearly err in applying the section 3B1.1(c) role enhancement. Nonetheless, the court remanded the case for the limited purpose of determining whether the district court wished to resentence defendant in light of the Supreme Court's opinion in Dean v. United States.
The court issued a subsequent related opinion or order on December 7, 2018.
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