Sentencing — supervisor enhancement

Listen to this article

United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — supervisor enhancement

The sentence of a defendant convicted in a drug-distribution conspiracy was properly enhanced under U.S.S.G. 3B1.1, even if he did not know who his underlings sold the drugs to.

“Collins says he was unaware of the specific people Gregory sold to but directs us to no authority that says he was required to know the specific end-buyers or where his drugs would ultimately come to rest for the § 3B1.1 enhancement to apply. Rather, what we do know is Collins was actively involved in what Gregory was doing (i.e., selling the cocaine he received from Collins), how he was doing it, where he was doing it, and when he was doing it. As Collins stated on the first recording, ‘Man, I got a crew, that ain’t no problem.’ We are convinced Collins’ conduct demonstrates Gregory was a part of his ‘crew,’ a minion in the overall conspiracy, and exemplifies the exact type of managerial or supervisory role contemplated in § 3B1.1. Compare Figueroa, 682 F.3d at 696-98, and United States v. Grigsby, 692 F.3d 778, 790-91 (7th Cir. 2012) (affirming the district court’s conclusion that the defendant was a ‘manager or supervisor’ because the defendant planned the scheme, recruited participants, and directed execution of the illegal conduct), with Mankiewicz2 122 F.3d at 405-06 (reversing the district court’s conclusion that a defendant was a ‘leader or organizer’ because the only tasks the defendant asked his father to complete, which did not include selling or delivering any marijuana, did not have a ‘real and direct influence’ on the distribution scheme). Collins was Gregory’s ‘manager’ or ‘supervisor,’ through whatever lens is used to view their relationship, and the district judge properly enhanced the applicable Guidelines range under § 3B1.1.”

Affirmed.

11-3098 U.S. v. Collins

Appeal from the United States District Court for the Northern District of Illinois, Kendall, J., Bauer, J.