Background
Demetric Carey pleaded guilty to conspiracy to possess with intent to distribute 50 grams or more of methamphetamine. He was sentenced to 360 months in prison, which included a four-level enhancement under the United States Sentencing Guidelines for being an organizer or leader of a criminal activity involving five or more participants.
The court’s reasoning
The court held that the record supported the finding that Carey played a significant role in leading and organizing the drug enterprise and directed at least one coconspirator. Regarding the claim that the activity did not involve five or more participants, the court noted the issue was not preserved in the district court and reviewed only for plain error. The court found the record supported the finding that the activity involved five or more participants and Carey failed to show a clear or obvious error affecting his substantial rights.
What it means going forward
This decision reinforces the Fifth Circuit’s deference to district court findings on sentencing enhancements when the record supports the defendant’s leadership role and the number of participants in a drug enterprise.
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