United States v. Earl Thomas Anderson

RYMER, Circuit Judge:

Earl Thomas Anderson was convicted of armed bank robbery and sentenced to forty-six months under the sentencing guidelines. The district court included in the calculation of Anderson’s total offense level an upward adjustment for being an organizer, leader, manager, or supervisor under U.S.S.G. § 3Bl.l(c), even though it assumed that Anderson was the only person criminally responsible for committing’ the offense. While the guideline itself says nothing about requiring more than one criminally responsible person, the Introductory Commentary instructs that § 3B1.1 applies…