United States v. Joseph D. Fones

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the enhancement did not apply where the district court found defendant did not have control over any other participants
• holding that § 3B1.1 enhancement was improperly applied where defendant lacked control of or authority over another partici- pant
• finding that application note , to § 3B1.1 was clarifying rather than substantive
• “[Tjhis note now requires that a defendant have control over at least one participant of the criminal activity in order to be subject to a sentencing enhancement under § 3B1.1.”
• explaining “control over at least one other participant” is required
• explaining “control over at least one other participant” is required

Source: CourtListener parenthetical corpus (CC0).