The following excerpt is from USA. v. Fiorillo, 186 F.3d 1136 (9th Cir. 1999):
The district court's determination that Fiorillo played a major role in the crime and was therefore eligible for an enhancement is a finding of fact reviewed for clear error. United States v. Ponce, 51 F.3d 820, 826 (9th Cir. 1995). The factors to be considered in determining whether to apply this enhancement include: "the exercise of decision making authority, the nature of the offense and the defendant's participation in the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, and the degree of control and authority over others." Id. at 827.
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