Professional Documents
Culture Documents
MAR 27 2001
PATRICK FISHER
Clerk
No. 00-5143
(D.C. No. 98-CR-174-H)
(N.D. Okla.)
Defendant-Appellant.
ORDER AND JUDGMENT
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
*
1530 (10th Cir. 1990). Any degree of direction will satisfy the definition of
supervision.
United States v. Moore , 919 F.2d 1471, 1477 (10th Cir. 1990).
United States v.
id. at
78). As the trial court stated, the evidence indicated that co-defendant Mark
Johnson was inherently subordinate to Hayes, not a coequal[] or equally
situated in a chain of [drug] transactions. (
Id. at 52.)
Upon our review of the record, we conclude that Hayes actions were those
of a leader, organizer, and supervisor. Thus, the district court appropriately
applied U.S.S.G. 3B1.1(c) to enhance Hayes sentence. The judgment of the
United States District Court is
AFFIRMED .
Entered for the Court
Carlos F. Lucero
Circuit Judge
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