What evidence supports the finding that appellant was an organizer or leader in the criminal association or conspiracy?

MultiRegion, United States of America

The following excerpt is from U.S. v. Chavez-Aguilar, 951 F.2d 363 (9th Cir. 1991):

Although the appellant has no prior drug history, his conduct in this case supports the court's conclusion that he was an organizer or leader in the offenses. Appellant need not have been the only organizer or leader in the criminal association or conspiracy. U.S.S.G. 3B1.1, comment. (n. 3). The court based its determination on the evidence at trial, as well as the presentence report, and provided an explanation sufficient to facilitate appellate review. As in United States v. Carvajal, 905 F.2d 1292, 1296 (9th Cir.1990) and United States v. Avila, 905 F.2d 295, 298-99 (9th Cir.1990), we cannot say the court clearly erred in finding appellant to be an organizer or leader.

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