In prosecution on drug distribution charge, Dist. Ct. did not err in sentencing defendant to 130-month term of incarceration, even though defendant had argued that she qualified for reduced sentence under safety-valve treatment set forth in section 3B1.1(c) of USSG. Dist.Ct. could properly find that defendant was not entitled to such treatment, since record showed that defendant had acted as organizer/manager of methamphetamine distribution operation. Fact that defendant had not engaged in "criminal enterprise" did not require different result. Dist. Ct. erred, though, in sentencing second defendant to 36-month term of incarceration on charge of use of telephone to facilitate single drug sale, where: (1) said sentence was based, in part, on purchase of 28.6 grams of "ice," which was subject of dismissed indictment and which Dist. Ct. had found was relevant conduct for sentencing purposes; and (2) Dist. Ct. had failed to make necessary finding that purchase of 28.6 grams of "ice" was part of common scheme at issue in instant charged offense that concerned 2-gram street sale of methamphetamine. Fact that defendant had participated in both transactions that occurred within week and a half did not require different result.
