U.S. v. Henry

Dist. Ct. did not err in sentencing defendant to 152-month term of incarceration on drug distribution charge based, in part, on application of manager/supervisor enhancement under section 3B1.1(c) of USSG. Dist. Ct. could properly find that defendant was manager of another individual where defendant: (1) recruited said individual to sell heroin for defendant; (2) supplied heroin to said individual with instructions to charge $100 per gram and to give defendant $80 from said proceeds; and (3) essentially exercised decision-making authority for instant drug sales with respect to said individual. Remand, though, was required for new sentencing hearing, where Dist. Ct. failed to make requisite findings with respect to length of term of supervised release and for need for imposition of particular terms of supervised release. Moreover, while Ct. of Appeals would permit condition of supervised release allowing probation officer to make home visits between established time period, Dist. Ct. could not leave out requirement that such visits take place during reasonable time or at reasonable location.