914 F. 2d 263 - United States v. Bell
914 F2d 263 United States v. Bell
914 F.2d 263
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Donald BELL, a/k/a Ronald Jordan, Defendant-Appellant.
No. 89-30146.
United States Court of Appeals, Ninth Circuit.
Submitted Sept. 14, 1990.*
Decided Sept. 20, 1990.
Before WRIGHT, SCHROEDER and WILLIAM A. NORRIS, Circuit Judges.
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MEMORANDUM**
The sole issue on appeal is whether in applying the Sentencing Guidelines the district court erred in finding that Donald Bell, also known as Ronald Jordan, was a leader, manager, supervisor, or organizer in committing the offense. We conclude that the finding was not clearly erroneous and affirm.
Jordan was sentenced to 121 months in prison after pleading guilty to possession with intent to distribute cocaine and aiding and abetting in the distribution of cocaine. The district court increased the base offense level by two points under Sec. 3B1.1(c) of the Guidelines because of Jordan's role as a leader, manager, supervisor, or organizer. United States Sentencing Comm'n, Guidelines Manual, Sec. 3B1.1(c) (Nov. 1989).
Jordan challenges the district court's factual determination, asserting that he exercised no degree of control, supervision, management, or leadership.1 Factual findings of the sentencing court are entitled to deference and are reviewed by this court for clear error. 18 U.S.C.A. Sec. 3742(e) (West Supp.1990); see also United States v. Avila, 905 F.2d 295, 298 (9th Cir.1990).
A variety of factors support the district court's finding. Agents of the Drug Enforcement Administration tracked a parcel containing a large quantity of cocaine to Jordan's apartment. Jordan admitted that he was present when the parcel arrived, that he knew the cocaine was in his apartment, and that it was there to be distributed by him or other codefendants. He also conceded that he knew the parcel would be coming and that it was one week late.
Three firearms were found in his apartment, under the sofa, next to his bed, and in the kitchen. The district court found specifically that Jordan had constructive and direct possession of them during the offense. Approximately $35,000 in cash was found in his bedroom.
Taken together these factors support the district court's inference that Jordan was a leader, manager, supervisor, or organizer. The district court's findings were not clearly erroneous.
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AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3
Jordan also appears to challenge the sentence on the ground that the court did not refer to any facts when imposing the two point increase. This argument is refuted by the record of the sentencing hearing in which the district court discussed the facts justifying an increased sentence