Can a federal court increase a defendant's offense level by four levels if he was an organizer or leader of a criminal activity that involved five or more participants?
MultiRegion, United States of America
The following excerpt is from U.S. v. Smith, 119 F.3d 8 (9th Cir. 1997):
A district court may increase a defendant's offense level by four levels if the defendant was "an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive." U.S.S.G. 3B1.1(a) (1995). A "participant" is a person who is "criminally responsible for the offense, but need not have been convicted." United States v. Savage, 67 F.3d 1435, 1444 (9th Cir.1995) (quoting U.S.S.G. 3B1.1(a)(n.1)), cert. denied, 116 S.Ct. 964 (1996).
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