United States Eleventh Circuit

Defendant's drug conspiracy sentence is vacated where the district court clearly erred in finding that defendant was an organizer or leader under U.S.S.G. section 3B1.1(a) because the government failed to prove the relevant facts in the Presentence Investigation Report by a preponderance of the evidence.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

• MARCUS, Circuit Judge:, Before MARCUS and HILL, Circuit Judges, and VOORHEES, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Tracy N. DaCruz, Rosemary T. Cakmis, Fed. Pub. Defenders, Fed. Defender's Office, Orlando, FL, Donna Lee Elm, Fed. Pub. Def., Tampa, FL, for Martinez., Yvette Rhodes, Karin B. Hoppmann, Asst. U.S. Atty., Tampa, FL, for U.S.