Does an aggravating role adjustment under U.S. Sentencing Guideline § 3B1.1 apply, as Application Note 2 says, only if the defendant organized or supervised another participant in the criminal activity?

QUESTION PRESENTED FOR REVIEW To qualify for an aggravating role adjustment, “the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.” U.S.S.G. § 3B1.1 cmt. n.2. For a defendant who “exercised management responsibility over the property, assets, or activities of a criminal organization” but did not supervise a participant, an upward departure may instead be warranted. Id. Yet, the Fifth Circuit, unlike most courts of appeal, applies the aggravating role adjustment to defendants, like Petitioner, who supervised no one. The question presented is: Does an aggravating role adjustment under U.S. Sentencing Guideline § 3B1.1 apply, as Application Note 2 says, only if the defendant organized or supervised another participant in the criminal activity? ii No. In the Supreme Court of the United States EFREN DERMA-DOMINGUEZ, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Efren Derma-Dominguez asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on December 29, 2023.