| The Fourth Circuit vacated defendant's sentence for conspiracy to possess, with intent to distribute, 500 grams or more of methamphetamine. The court found that the district court's explanation for applying the leadership enhancement under USSG 3B1.1(b) precludes meaningful appellate review. The court found no basis in the record for concluding that the district court considered the seven factors for sentencing defendant as a "manager" or "supervisor." In this case, the district court cited no facts regarding defendant's instruction for another person to collect money on his behalf or for others to move money for him from prison. Furthermore, it was unclear as to what evidence the district court was referring to and why it supported the conclusion that defendant managed or supervised his sister to accept money on his behalf from prison. Therefore, the court concluded that the district court committed procedural error under United States v. Chambers, 985 F.2d 1263, 1267 (4th Cir. 1993). Finally, the court concluded that the district court did not clearly err by determining that defendant recklessly created a sufficiently substantial risk of death or serious bodily injury to another person. Therefore, the district court did not err by applying a sentencing enhancement for reckless flight under USSG 3C1.2. The court remanded for further fact-finding and resentencing. |
