United States v. Smith ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
No. 97-4842
MICHAEL RAY SMITH, a/k/a Black
Mike, a/k/a Red,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Virginia, at Harrisonburg.
Samuel G. Wilson, Chief District Judge.
(CR-97-30006)
Submitted: May 19, 1998
Decided: June 19, 1998
Before ERVIN and WILKINS, Circuit Judges, and
HALL, Senior Circuit Judge.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
John S. Hart, Jr., Harrisonburg, Virginia, for Appellant. Robert P.
Crouch, Jr., United States Attorney, Ray B. Fitzgerald, Jr., Assistant
United States Attorney, Charlottesville, Virginia, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Michael Ray Smith appeals his sentence for conspiracy to distrib-
ute crack cocaine and carrying a firearm in relation to a drug traffick-
ing offense in violation of 21 U.S.C. § 846 (1994), and 18 U.S.C.A.
§ 924(c) (West 1994 & Supp. 1998). Smith argues that the district
court erred in enhancing his offense level by four points under U.S.
Sentencing Commission, Guidelines Manual§ 3B1.1(a) (1995), for
his leadership role in the offense. We review this claim for clear error.
See United States v. Hyppolite, 65 F.3d 1151, 1159 (4th Cir. 1995).
Finding none, we affirm.
Section 3B1.1(a) provides for a four-point enhancement if the
defendant is an organizer or leader of criminal activity that involved
five or more participants. Smith does not dispute that the organization
involved five or more participants, and we find sufficient evidence
supporting the court's conclusion that he played a leadership role in
the offense.
First, Smith recruited individuals into the organization. Second,
one of these individuals stated that he served as Smith's "enforcer,"
suggesting that Smith exercised some degree of control over his fel-
low conspirators. Third, Smith was instrumental in an arranged attack
on one of his co-conspirators who owed him money. Finally, Smith
received a larger share of the profits from the organization's dealings.
Though Smith claims that he took a larger share because, in his opin-
ion, the risk associated with his acquisition of the drugs entitled him
to it, we note that his ability to make this profit sharing decision
denotes a degree of control within the organization. Based on these
facts, we find no clear error in the court's assessment of the four-point
enhancement under § 3B1.1(a). Accordingly, we affirm.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court, and
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argument would not aid the decisional process.
AFFIRMED
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