U.S. v. Wiegers, 90-1462
| Decision Date | 14 November 1990 |
| Docket Number | No. 90-1462,90-1462 |
| Citation | 919 F.2d 76 |
| Parties | UNITED STATES of America, Appellee, v. Robert WIEGERS, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Daniel P. Reardon, Jr., Clayton, Mo., for appellant.
Richard L. Poehling, St. Louis, Mo., for appellee.
Before BOWMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.
A jury convicted Robert Wiegers of four related drug offenses. Wiegers appeals his conviction and sentence. We affirm.
A family conspiracy of John Penn, Alvin Penn, and James Penn contacted Wiegers to obtain a large quantity of cocaine. Wiegers flew to Chicago to arrange the purchase of ten kilos from Albert Sudzus and Edward O'Brien. Wiegers drove John Penn from Kansas City to St. Louis to consummate the transaction, which Wiegers had arranged to take place in three rooms at the Marriott Hotel.
Once at the Marriott, the Penns stayed in one room while Wiegers made several trips to another room that housed Sudzus and O'Brien with the cocaine. Wiegers directed that 20 ounces of cocaine be removed from the ten kilos. When John Penn called the undercover FBI agent to trigger the exchange, the agent changed the site of the transaction to the Holiday Inn. Wiegers then introduced John Penn to Sudzus and O'Brien.
Wiegers, Sudzus, and John Penn went to the Holiday Inn, where they were arrested after selling nine and a half kilograms of cocaine to undercover FBI agents. John Penn and Sudzus told the agents about the other hotel rooms, the rest of the cocaine, and the other three dealers. The agents arrested Alvin and James Penn at the Marriott and went to O'Brien's room to secure the rest of the cocaine. The agents sealed the room and obtained a search warrant based on John Penn's and Sudzus' information, ultimately seizing the remainder of the ten kilos of cocaine.
The district court 1 imposed upon Wiegers a sentence of two hundred thirty-five months' imprisonment, five years' supervised release, and a two hundred dollar special assessment.
Wiegers contests the increase in his sentence for being an organizer in a conspiracy involving five people.
Section 3B1.1(a) of the Sentencing Guidelines directs that a defendant's offense level be increased by four levels if he is found to be an organizer or leader in a crime with five or more participants. Whether a defendant was an organizer or leader in a ring of five or more criminals under section 3B1.1(a) is a factual determination for the district judge that we review under the clearly erroneous standard. United States v. Wayne, 903 F.2d 1188, 1198 (8th Cir.1990)...
To continue reading
Request your trial
-
U.S. v. Ortiz-Martinez, ORTIZ-MARTINE
...court under U.S.S.G. Sec. 3B1.1 is a factual determination that we review under the clearly erroneous standard. United States v. Wiegers, 919 F.2d 76, 77 (8th Cir.1990). We have broadly defined the term "organizer" or "leader." United States v. Manuel, 912 F.2d 204, 207 (8th Cir.1990). In a......
-
U.S. v. Comeaux, s. 90-5188
...clearly erroneous in finding that the trial testimony established Wilson's leadership role in the conspiracy. See United States v. Wiegers, 919 F.2d 76, 77 (8th Cir.1990) (§ 3B1.1(a) enhancement warranted where defendant acted as connection between two cities in drug conspiracy). Nor do we ......
-
U.S. v. Harry
...We review a district court's determination of a defendant's role in the offense under a clearly erroneous standard. United States v. Wiegers, 919 F.2d 76, 77 (8th Cir.1990). We may reverse only when we are left with the definite and firm conviction that a mistake has been made. United State......