United States v. Rosales, No. 12-3531 (7th Cir. 2013)
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The defendant was a member of a six-man gang of thieves that stole trucks and sold the cargoes to fences. The district court ruled that he was a leader or organizer and increased his base offense level by four levels, raising the guidelines range from 41 to 51 months to 63 to 78 months for conspiring to transport, and transporting, stolen motor vehicles and goods in interstate commerce, 18 U.S.C. 371, 312, 2314. The judge imposed a below-guidelines sentence of 58 months. The Seventh Circuit affirmed, rejecting an argument that defendant was a “mere manager or supervisor.” The defendant used his information about what the fences would buy to direct the other members. The fences paid him for the cargoes and he split the money, acting as a paymaster and as a recruiter. Without him or someone in his position the gang would have fallen apart.
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