USA v. Roman Siqueiros, (8th Cir. 1995)
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No. 95-2491
United States of America, Appellee, v. Roman F. Siqueiros, also known as Silverado, Appellant.
Submitted: December 7, 1995 Filed: December 18, 1995
Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
PER CURIAM.
Roman F. Siqueiros challenges the 100-month sentence imposed by the 1district court after he pleaded guilty to conspiracy to distribute and to possess with intent to distribute marijuana and cocaine, in violation of 21 U.S.C. §§ 841(a) and 846. We affirm.
For sentencing purposes, Siqueiros stipulated he managed or supervised at least five individuals engaged in criminal activity, within the meaning of U.S.S.G. § 3B1.1. On appeal, Siqueiros argues the district court erred in imposing an aggravating-role enhancement, as he did not profit from his criminal activity and thus the enhancement conflicts with commentary to section 3B1.1. We review for clear error the district court's factual finding of Siqueiros's role in the offense. See United States v. Skorniak, 59 F.3d 750, 757 (8th Cir. 1995), cert. denied, 64 U.S.L.W. 3348 (U.S. Nov. 13, 1995). Notwithstanding that "persons who exercise a supervisory or managerial role [may] tend to profit more from it," the enhancement "is included primarily because of concerns about relative responsibility." U.S.S.G. § 3B1.1, comment. (backg'd). The fact that Siqueiros may not have profited from his activity does not preclude application of the enhancement; profit is only one factor the district court should consider. Cf. United States v. Farah, 991 F.2d 1065, 1070 (2d Cir. 1993) (Sentencing Commission relegated profit factor to "no better than secondary importance" for purposes of determining defendant's aggravating role). Siqueiros's offense conductas described in his presentence reportadequately supports the conclusion that he managed or supervised criminal activity involving at least five participants. See U.S.S.G. § 3B1.1(b). We conclude the district court did not clearly err in applying the enhancement.
Accordingly, the judgment of the district court is affirmed.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the
Eastern District of Missouri.
[UNPUBLISHED]
[1] The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri.
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This document cites
- US Code - Title 21: Food and Drugs - 21 USC 841 - Sec. 841. Prohibited acts A
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Frank Skorniak, Defendant-Appellant., 59 F.3d 750 (8th Cir. 1995)
- U.S. Court of Appeals for the Second Circuit - United States of America, Appellee-Cross-Appellant, v. Elias Farah, Defendant-Appellant-Cross-Appellee., 991 F.2d 1065 (2nd Cir. 1993)
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