Jose Antonio Caban v. United States

1 The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-3235
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Western
* District of Arkansas.
William Jonathan Brown, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 7, 2002
Filed: February 11, 2002
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Before HANSEN, Chief Judge, FAGG and MORRIS SHEPPARD ARNOLD, Circuit
Judges.
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PER CURIAM.
William Jonathan Brown appeals the sentence imposed by the district court 1
after a jury convicted him of armed bank robbery and aiding and abetting, in violation
of 18 U.S.C. §§ 2 and 2113(a), (d). He argues the court wrongly assessed a 2-level
enhancement for being an organizer or a leader of a criminal activity. See U.S.S.G.
§ 3B1.1(c). We affirm.

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-2-
The district court did not commit clear error, given the trial testimony of
Brown’s accomplice that Brown came up with the idea to rob a bank, selected the
bank, recruited his codefendant to participate, instructed the codefendant what to do
during the robbery, and devised alibis. See U.S.S.G. § 3B1.1, comment. (n.4) (listing
factors court should consider); United States v. Peters, 59 F.3d 732, 735 (8th Cir.
1995) (district court did not commit clear error in applying § 3B1.1 enhancement, as
coconspirators testified defendant came up with plan, recruited them to participate,
and continued to provide substantial direction during life of plan).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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