U.S. v. ROSALES

No. 12-3531.

716 F.3d 996 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jose G. ROSALES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 22, 2013.


Attorney(s) appearing for the Case

Stephen A. Ingraham (argued), Attorney, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Joanna T. Perini (argued), Attorney, Federal Defender Services of Eastern Wisconsin, Incorporated, Milwaukee, WI, for Defendant-Appellant.

Before BAUER, POSNER, and TINDER, Circuit Judges.


POSNER, Circuit Judge.

Section 3B1.1(a) of the U.S. Sentencing Guidelines increases by four levels the guidelines range for a defendant who is found to be an organizer or leader of criminal activity in which there were at least five participants. (If he is found just to be a manager or supervisor, the increase is only three levels. See section 3B1.1(b).) The defendant was a member of a six-man gang of thieves that stole trucks from truck yards and sold the cargoes...

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