Background
Edwin Olivares-Calderon was convicted by a jury of illegal reentry and conspiracy to interfere with commerce by robbery. The district court sentenced him to eighty-seven months of imprisonment after applying a two-level enhancement for his aggravating role in the offense.
The court’s reasoning
The court reviewed the district court’s determination for clear error. It found that confidential informant testimony and a detective’s testimony provided sufficient indicia of reliability. The evidence showed the defendant organized the robbery, recruited accomplices, and intended to keep a larger share of the proceeds. The court held that the district court did not clearly err in applying the enhancement under U.S.S.G. section three B one point one C.
What it means going forward
The ruling reinforces that trial testimony observed by the district court can support sentencing enhancements even if challenged as vague or generalized.