Friday, February 28, 2025

No Clear Error Imposing Leadership Enhancement for Defendant Who Was Middleman in Large Drug Conspiracy

US v. Pilego-Pineda: Pilego-Pineda “coordinated logistics for several muti-kilogram methamphetamine deliveries” as part of a long-term investigation of a large drug conspiracy. Working from Atlanta, Pilego-Pineda served as the middle-man for the transaction, coordinating deliveries and approving transactions with potential buyers (some of whom, naturally, were undercover officers of confidential informants). He pleaded guilty to conspiracy to distribute 500 grams or more of methamphetamine mixture and money laundering. At sentencing, he was assessed a three-level organizer for being a manager or supervisor of criminal activity involving more than five participants. Facing an advisory Guideline range of 360 months to life in prison, Pilego-Pineda was sentenced to 120 months in prison.

On appeal, the Fourth Circuit affirmed Pilego-Pineda’s sentence. The court found no clear error in the district court’s conclusion regarding Pilego-Pineda’s role in the offense, noting that “the organization vested Pilego-Pineda with significant authority” that included “whether to trust particular buyers and whether to arrange recurring deals involving large quantities of methamphetamine.” He “served as the organization’s primary contact in Atlanta” and “had a high degree of participating in organizing the offense.”

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