First Circuit - Chapter 3 Adjustments

United States v. Lopez, 957 F.3d 302 (1st Cir. 2020). In a racketeering conspiracy under 18 U.S.C. § 1962(d), application of the aggravating-role adjustment at §3B1.1 depends on a defendant’s overall role in the racketeering enterprise, not on his or her role in the underlying racketeering activity. Uncontested facts showed that the defendant served as the “de facto manager” of the enterprise after the incarceration of its “First Word,” that is, the person “responsible for organizing and directing the [enterprise].”

Training Topic: