Defendant Santiago Cruz Camacho pled guilty to one count of conspiracy to possess with intent to distribute methamphetamine, three counts of possession with intent to distribute methamphetamine, eight counts of distribution of methamphetamine, and two counts óf money laundering, in respective violation of 21 U.S.C. §§ 846, 841(a)(1) and 18 U.S.C. § 1956(a)(1). The district court sentenced Defendant to concurrent sentences of 292 months imprisonment for the drug offenses and 240 months imprisonment for the money laundering offenses. On appeal, Defendant attacks only his sentences, arguing that the district court erroneously: (1) enhanced his sentence four levels on the basis that he was a leader and organizer of a conspiracy involving five or more participants; (2) calculated his base sentence level by improperly determining the amount of methamphetamine attributable to him; and (3) failed to award him a two-level sentence reduction for acceptance of responsibility. Our jurisdiction arises under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.
I.
In June 1995, a confidential informant notified the Drug Enforcement Agency of a large-scale drug conspiracy in Chickasha, Oklahoma. The informant’s tip led to further investigation which indicated that Defendant and Jose Hernandez planned to bring large amounts of methamphetamine from California to Chickasha for distribution throughout the area. Under the plan, Hernandez provided the methamphetamine and Defendant arranged to transport it to Chic-kasha. Notably, Defendant did not carry the mеthamphetamine himself. Instead, he recruited and directed others to transport the *1223 methamphetamine to Chickasha, where upon arrival he distributed it to various dealers.
Between December 1994 and January 1995, the conspiracy 1 led and organized by Defendant and Hernandez distributed approximately twelve kilograms of methamphetamine. Defendant’s role in the conspiracy ended, however, when en route to Chickasha from California, Arizona law enforcement officials stopped him for a routine traffic violation and discovered one pound of methamphetamine in his vehicle. Subsequently, the government named Defendant and numerous co-conspirators in the indictment which ultimately led to the sentences Defendant now appeals.
II.
A.
U.S.S.G. § 3Bl.l(a) provides for a four-level enhancement where “the defendant was an organizer or leader of a criminal activity that involved five or more participants or wаs otherwise extensive.” Defendant argues that the district court erroneously enhanced his sentence four levels pursuant to § 3Bl.l(a). Specifically, Defendant maintains that enhancement under § 3Bl.l(a) is appropriate only where the leader or organizer controls at least five co-conspirators. Defendant contends that the evidence before the court shows, at most, that he controlled no more than one co-conspirator and that his organization “was nothing more than a hit or miss operation involving large amounts of methamphetamine.” Therefore, hе asserts that his sentence cannot be enhanced pursuant to § 3Bl.l(a). We disagree.
The parties’ briefs indicate confusion over whether we review the district court’s finding that Defendant is an organizer or leader under § 3Bl.l(a) de novo or for clear error. Indeed, a review of our precеdent reveals cases supporting either position.
See United States v. Yarnell,
We have long- reviewed sentencing decisions based on a defendant’s role in a criminаl enterprise under § 3B1.1 for clear error with respect to factual findings and de novo with respect to legal conclusions.
E.g, United States v. Baez-Acuna,
The standard of review we restate today is in accord with both the guidelines mandate that “[t]he court of appeals ... shall accept, the findings of fact оf the district court unless they are clearly erroneous and shall give due deference to the district court’s application of the guidelines to the facts,”
see
18 U.S.C. § 3742(e), and the standard applied by a majority of the circuits.
See United States v. Graciani
The burdеn is on the government to prove, by a preponderance of the evidence, the facts necessary to establish a defendant’s leadership role.
United States v. Torres,
The record overflows with evidence demonstrating Defendant’s leadership role over Mario Salado. Defendant recruited Salado, he directed his activities, he paid him, and he acknowledged before the district court that Salado was his employee. The record also supports the district court’s finding that Defendant controlled Jesus Navidad, Miguel Nava, and Jan Kennedy. The government produced testimony which showed *1225 that Defendant recruited Navidad, Nava, and Kennedy and directed them to transport methamphetamine in furtherance of the conspiracy. The record further supports the government’s position that Defendant exercised a leadership role over Jeff Manning. Defendant directed Manning to arrange for his lodging and to pick him up at the airport when he visited Chickasha. Moreover, Defendant arranged for Manning to pick-up a quantity of methamphetamine in California and instructеd him on how to obtain the drugs from the source. Finally, the evidence before the district court demonstrates that Defendant exercised a leadership role over Lillian Bean. At Defendant’s direction, Bean removed drugs taped to Mario Salado’s body, she picked Defendant and Saladо up from the airport, she received shipments of methamphetamine for Defendant, she stored methamphetamine belonging to Defendant in her home, and she assisted Defendant in weighing shipments of methamphetamine. The government was bound to prove that five or more people participated in the criminal enterprise and that Defendant exercised a leadership role over at least one of them. It clearly met this burden.
B.
Defendant next argues that the district court incorrectly computed the amount of methamphetaminé attributable to him when imposing his sentenсe. Specifically, Defendant complains that the evidence before the district court showed that less than ten kilograms of methamphetamine were attributable to him, Thus, he argues that the evidence is insufficient to support the category 36 sentencing level imposed by the district court. We disagree.
We review the district court’s drug quantity calculation for clear error, and will not disturb it absent no support in the record, or where upon review of the evidence we are firmly convinced that the district court made an error.
United States v. Edwards,
Testimony at the sentencing hearing regаrding the amount of drugs attributable to Defendant varied widely. Defendant testified that he was involved in distributing only nine and one-half to ten pounds of methamphetamine. Government witnesses, however testified that approximately twenty-seven pounds were properly attributable to Defendant. After hearing the testimony and making adjustments for the witness’ credibility, the district court attributed approximately twelve kilograms of methamphetamine to Defendant. The record supports the district court’s finding. Accordingly, we reject Defendant’s argument that the finding was clearly erroneous,
C.
Attempting to distinguish controlling Tenth Circuit рrecedent and relying largely, on a case which an en banc Eleventh Circuit has vacated and decided contrary to his position 4 , Defendant’s final argument is that the district court erroneously refused to reduce his sentence two levels for acceptance of responsibility pursuant to U.S.S.G. § 3El.l(a). The district court noted that Defendant admitted the facts underlying the crimes charged by the government. The district court refused to reduce Defendant’s sentence, however, because it found that Defendant “falsely denied and frivolously con *1226 tested relevant conduct which the court found to be true.” Defendant maintains that the district court’s finding is clearly erroneous. We disagree.
The district court has broad discretion to determine whether to award a sentence reduction pursuant to § 3El.l(a), and we will not disturb its decision absent clearly erroneous findings.
United States v. Gassaway,
The district court found that the “Government proved by a preponderance of the evidence that defendant was accountable for approximately twelve kilograms of methamphetamine.” Contrary to the government’s proof, Defеndant testified that he was responsible for only four or five kilograms of methamphetamine. The district court specifically found that Defendant’s testimony was not credible and that he “falsely denied and frivolously contested” the amount of drugs attributable to him. Based on the record before us, we conclude that Defendant significantly understated the amount of drugs properly attributable to him. Accordingly, the district court committed no clear error by refusing to reduce his sentence two levels pursuant to § 3El.l(a).
AFFIRMED.
Notes
. Defendant and Hernandez involved numerous individuals in their scheme including: Mario Salado, Priscilla Gonzales, Jeff Manning, Nicky Jar-nagin, Carie Bolin, Lillian Bean, William Smith, Allen Day, Jan Kennedy, Scott Morgan, Todd Furra, Al Hooper, Reford Alcorn, Kim Hurd, Jimmy Wise, Jesus Navidad, and Miguel Nava.
. Moreover, even if we believed the district court's conclusion is properly reviewed de novo, we are bound by prior panel deсisions in the absence of en banc reconsideration or a supervening Supreme Court decision.
Haynes v. Williams,
. In
United States v. Reid,
.
See United States v. Smith,