What is the standard of review in the context of Section 3B1.1 enhancement?
MultiRegion, United States of America
The following excerpt is from United States v. Guerrero, No. 11-4489-cr (2nd Cir. 2013):
the 3B1.1 enhancement presents primarily a legal question on appeal, and a "clearly erroneous" standard where the question presented is primarily a factual one. United States v. Gotti, 459 F.3d 296, 349 (2d Cir. 2006). The reviewing court, in reaching its decision, must "give due deference to the district court's application of the guidelines to the facts." Blount, 291 F.3d at 214 (internal quotation marks omitted).
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