U.S. v. Curb

Dist. Ct. did not err in sentencing defendant to 270-month term of incarceration on drug conspiracy charge after Dist. Ct. found that defendant qualified for manager/supervisor enhancement. Dist. Ct. properly found presence of four of seven factors identified in section 3B1.1(b) of U.S. Guidelines Manual that would support imposition of manager/supervisor enhancement where defendant’s statements during plea colloquy, as well as testimony from witness, indicated that defendant supplied drugs to others for resale, exercised discretion in determining amounts of drugs that others would sell, recruited others to sell drugs on behalf of conspiracy, and retained percentage of drug proceeds from drug sales made by others. Moreover, Dist. Ct. could properly impose enhancement for willful obstruction of justice based upon defendant’s failure to appear at initial sentencing hearing.