United States v. Lopez

Summary

In a RICO conspiracy sentencing appeal, the First Circuit held as a matter of first impression that a role-in-the-offense enhancement under USSG §3B1.1 depends on the defendant’s role in the racketeering enterprise as a whole, not on his role in the discrete predicate acts. The court affirmed a three-level managerial/supervisory enhancement for an MS-13 member who acted as de facto leader of a clique after the First Word’s arrest. The defendant’s alternative challenge to the factual basis for the role finding was waived and, in any event, lacked plain error given undisputed PSI facts.

Holdings

1. The imposition of a role-in-the-offense enhancement under USSG §3B1.1(b) depends upon the defendant's role in the racketeering enterprise as a whole, not upon his role in the discrete predicate acts that underpin the charged conspiracy.
2. The factual finding was not clearly erroneous; the defendant's claim of error was waived, and even if not waived, the finding was supported by uncontested facts in the PSI Report.

Questions Presented

1. When a defendant is convicted of racketeering conspiracy under RICO, does the imposition of a role-in-the-offense enhancement depend upon the defendant's role in the racketeering enterprise as a whole or upon his role in the discrete acts of racketeering activity that underpin the RICO conviction?
2. Whether the district court's factual finding that the defendant was a manager or supervisor of the enterprise was supported by the record.

Disposition

affirmed