What factors will a court consider in determining whether a defendant was a leader or organizer of an illegal activity?

MultiRegion, United States of America

The following excerpt is from U.S. v. Chiu, 110 F.3d 70 (9th Cir. 1997):

The commentary to Guidelines 3B1.1 indicates that in determining whether the defendant was a leader or organizer, the court should consider "the exercise of decision-making authority, the nature of the participation in the offense, recruitment of accomplices, right to a larger share of the profits, degree of participating in the planning, the nature and scope of the activity and the degree of control and authority exercised over others ..." United States v. Castro, 972 F.2d 1107, 1112-13 (9th Cir.1992).

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