When ruling whether a defendant's sentence should be enhanced, pursuant to United States Sentencing Guideline §3B1.1, because the defendant served as the organizer or leader of a criminal activity that involved five or more participants, a court may consider the defendant's decision-making authority, participation in planning, degree of authority exerted and share of fruits of the crime.
U.S. v. Soto-Solivan
U.S. Court of Appeals for the 2nd Circuit Circuit
January 21, 2013
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