U.S. v. Ruelas-Valdovinos

Dist. Ct. did not err in sentencing defendant to 327-month term of incarceration on drug conspiracy charge arising out of defendant’s supplying of cocaine to his 22 co-conspirators, where said sentence was based in part on three-level upward enhancement for his role as supervisor in conspiracy. While supplying of drugs, by itself, is insufficient to support imposition of instant supervisor enhancement under section 3B1.1 of USSG, record showed that defendant actually helped to manage instant criminal scheme, where defendant made two phone calls that threatened to kill or replace others in conspiracy and provided vehicle to others for purpose of transporting drugs. Record also showed that Dist. Ct. would have imposed same sentence had instant enhancement not applied.