United States v. Rodney D. Butler, 677 F. App'x 634

Rodney Butler appealed a 300-month sentence for cocaine distribution conspiracy, telephone-facility conspiracy, and money-laundering conspiracy.
The district court applied a four-level organizer/leader enhancement under U.S.S.G. § 3B1.1(a).
Butler had used six couriers to distribute large quantities of cocaine to multiple states and admitted controlling at least two couriers and setting prices. He did not object to facts in his PSR.
The court applied a two-level “livelihood” enhancement under U.S.S.G. § 2D1.1(b)(15)(E) because Butler derived substantial income from drug activity and it was his primary occupation.
Butler owned a trucking company but formed its articles of incorporation after the conspiracy began; corporate deposits did not show he relied primarily on legitimate business income.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §3B1.1(a) organizer/leader enhancement was proper	Butler: enhancement improper because he did not direct/control five or more participants	Government: enhancement proper because offense involved five or more participants and Butler organized/led couriers	Affirmed — enhancement proper; guideline requires the offense to involve five or more participants, not that defendant control all of them; Butler qualified as leader
Whether §2D1.1(b)(15)(E) livelihood enhancement was proper	Butler: his trucking business was legitimate primary occupation; drug proceeds not primary livelihood	Government: drug proceeds far exceeded minimum-wage threshold and were Butler's primary occupation	Affirmed — district court reasonably found drug activity was Butler’s primary occupation and income exceeded threshold

United States v. Bennett, 472 F.3d 825 (11th Cir. 2006) (defendant’s failure to object to PSR facts admits those facts)
United States v. Hall, 704 F.3d 1317 (11th Cir. 2013) (apply ordinary meaning when construing sentencing guidelines)