United States v. Alejandro Martinez

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
FEB 7, 2007
No. 06-14127 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 05-00180-CR-22JGG
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEJANDRO MARTINEZ,
a.k.a. Alex,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(February 7, 2007)
Before DUBINA, CARNES and PRYOR, Circuit Judges.
PER CURIAM:
Alejandro Martinez appeals his sentence for conspiracy to possess with
intent to distribute 100 grams or more of heroin, 500 grams or more of
methamphetamine, 500 grams or more of cocaine, and 50 grams or more of
cocaine base, 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A)(iii), (b)(1)(A)(viii),
(b)(1)(B)(ii); and possession with intent to distribute heroin, 18 U.S.C. § 2; 21
U.S.C. §§ 841(a)(1), (b)(1)(C). Martinez argues that the district court erred when it
applied a two-level leadership-role enhancement to his base offense level under the
Guidelines. U.S.S.G. § 3B1.1(c). We affirm.
“A district court’s upward adjustment of a defendant’s Guidelines offense
level due to his status as a leader or organizer under U.S.S.G. § 3B1.1 is a finding
of fact reviewed only for clear error.” United States v. Phillips, 287 F.3d 1053,
1055 (11th Cir. 2002). Martinez acknowledges on appeal that, at his “change of
plea” hearing, he admitted that his brother, Javier, a coconspirator, would not do
anything unless told to do so by Martinez. Because “the assertion of control or
influence over only one individual is enough to support a § 3B1.1(c)
enhancement,” United States v. Jimenez, 224 F.3d 1243, 1251 (11th Cir. 2000),
cert. denied, 534 U.S. 1043, 122 S. Ct. 60 (2001), the district court did not clearly
err.
AFFIRMED.
2