U.S. v. Weaver

Dist. Ct. erred in sentencing defendant to 235-month term of incarceration on drug conspiracy charge, where said sentence was based in part on imposition of 3-level enhancement under section 3B1.1 of USSG for defendant’s role as manager or supervisor in conspiracy. Instant enhancement was improper where it was based on defendant’s supervision of two buyers of drugs, and defendant lacked requisite control of said buyers, where record showed that defendant merely fronted drugs and played no role in establishing price for resale of drugs or in determining how or where said drugs could be resold. Fact that defendant demanded that said drugs be sold quickly and controlled quantity of drugs sold to buyers did not require different result.