U.S. v. Rosales

Federal 7th Circuit Court
Criminal Court
Citation
Case Number: 
No. 12-3531
Decision Date: 
May 22, 2013
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 58-month term of incarceration on charge of conspiracy to transport stolen motor vehicles and goods in interstate commerce, after finding that defendant was organizer of criminal activity under section 3B1.1(a) of USSG based on fact that defendant was “contact person” between various individuals who played roles in stealing trucks and selling cargo in said trucks. Record showed that defendant was organizer for purposes of imposition of instant organizer enhancement since he arranged for trucks to be stolen and merchandise to be sold, and scheme would have fallen apart without efforts of defendant. Fact that profits were split evenly among six participants did not require different result.