U.S. v. May

Dist. Ct. did not err in sentencing defendant to 10-year term of incarceration on drug conspiracy charge, where said sentence was based in part on enhancement under section 3B1.1 of USSG for defendant’s aggravated role in charged offense, and where Dist. Ct. refused to apply safety-valve relief. While defendant argued that he and his co-conspirator played equal roles in drug conspiracy, record supported Dist. Ct.’s finding that defendant supervised co-conspirator, where defendant set price and quantity of drugs, obtained drugs from his supplier, instructed co-conspirator to oversee drug sales and kept greater percentage of proceeds for himself. Moreover, defendant’s supervisory role precluded Dist. Ct. from applying safety-valve relief.