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U.S. v. FIGUEROA

No. 11-2594.

682 F.3d 694 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio FIGUEROA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 11, 2012.

Attorney(s) appearing for the Case

Megan Cunniff Church (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Joshua Sachs (argued), Attorney, Evanston, IL, for Defendant-Appellant.

Before POSNER, SYKES, and TINDER, Circuit Judges.

POSNER, Circuit Judge.

Section 3B1.1 of the U.S. Sentencing Guidelines provides for an increase in the guideline range for a defendant who is found to be an organizer, leader, manager, or supervisor of criminal activity. Application Note 4 states (italics added):

In distinguishing a leadership and organizational role from one of mere management or supervision, titles such as "kingpin" or "boss" are not controlling...

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