The following excerpt is from U.S. v. Panaro, 241 F.3d 1104 (9th Cir. 2001):
"The factors to be considered when determining whether a defendant was an organizer or leader include: the exercise of decisionmaking 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 exercised over others." United States v. Ponce, 51 F.3d 820, 827 (9th Cir. 1995) (citing U.S. SENTENCING GUIDELINES MANUAL S 3B1.1, cmt. n.4 (1998)). Panaro denies having exercised any decisionmaking
Page 1112
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.