David Vargas pleaded guilty to conspiracy to possess with the intent to deliver cocaine under 21 U.S.C. § 846. He now appeals a suppression ruling that he had reserved at the time of his plea and his sentence. For the reasons given in this opinion, we affirm the judgment of the district court.
I
BACKGROUND
A detailed recitation of the factual background is unnecessary to a resolution of the issues brought by Mr. Vargas on appeal.
Based on information obtained from confidential informants, surveillance and wiretaps, the government stopped Mr. Vargas on the highway and arrested him for his role in a drug conspiracy. Later a firearm was found behind a heating vent in his car. Mr. Vargas’ main coconspirators were Jeffrey Pickett, Michael Keltner and Gregory Kole. Mr. Vargas arranged for the distribution of drugs from the main supplier to Pickett and Kelt-ner by setting up dates and times for pickup. Kole assisted Mr. Vargas in transporting the drugs.
II
DISCUSSION
A. The Wiretap
Mr. Vargas contends that the government lacked the requisite probable cause to tap the telephone of his confederate Pickett and that the subsequent tapping of his own phone similarly lacked probable cause. He also contends that neither of these wiretaps was “necessary,” as required by 18 U.S.C. § 2518. Finally, he contends that the wording of the wiretap order allowed for interception for only 10 days, not for 30.
We agree with the government that whether the necessary probable cause existed is an issue that we must review de novo.
See Ornelas v. United States,
- U.S. -, -,
At the outset, we note that Mr. Vargas has only limited standing to object to lack of probable cause to tap Pickett’s phone. “The interception of calls to which he was not a party did not intrude upon [Mr. Vargas’] fourth amendment rights, ... so he has no standing to seek suppression of evidence gathered from those intercepts.”
United States v. Thompson,
The evidence supporting the application to tap Mr. Vargas’ phone was even greater because it contained not only the information recited to support the Pickett wiretap — details from confidential informants, surveillance and pen registers — but also the evidence from the Pickett phone tap.
We also have no hesitation in affirming the district court’s conclusion that the FBI agent’s affidavit contained a sufficient factual predicate to justify the finding that a wiretap was necessary within the meaning of 18 U.S.C. § 2518. This determination is left to the trial court’s discretion.
Thompson,
The wording of the wiretap authorization plainly allowed for the interception to continue for 30 days, not 10.
B. Sentencing Matters
Mr. Vargas also challenges certain determinations made by the district court during sentencing. We shall address each of these submissions.
1.
Firearm Enhancement
— The district court determined that, because Mr. Vargas possessed a gun in connection with the conspiracy, a 2-level upward adjustment under the Guidelines was appropriate.
See
U.S.S.G. § 2Dl.l(b)(l). We do not believe that the district court committed clear error. The governing standard is set forth in
United States v. Valencia,
The application note indicates that § 2Dl.l(b)’s enhancement normally applies when weapons are present during a drug offense; the exception occurs when it is “clearly improbable that the weapon was connected with the offense.” Whether an event is “clearly improbable” is a fact question, so we will not overturn the district court’s decision to enhance a sentence under § 2Dl.l(b) unless it is clearly erroneous.
Id.
at 384-85. It was not “clearly improbable” that Mr. Vargas had the firearm in his car for the purpose of protecting the’ large sums of cash involved in the drug conspiracy.
Cf. United States v. Bush,
2. Role in the Offense Enhancement — The district court also determined that a 3-level increase was warranted because of Mr. Vargas’ role in the offense. In reviewing this determination, we note at the outset that, although the district court characterized Mr. Vargas as an “organizer or leader,” the district court departed by 3 rather than 4 levels. We therefore shall assume that the court intended to classify Mr. Vargas as a “manager or supervisor.” Compare U.S.S.G. § 3Bl.l(a) with U.S.S.G. § 3Bl.l(b). Indeed, the transcript of the sentencing proceedings supports this interpretation.
We cannot say that the district court committed clear error in this determination.
2
An upward departure is permitted if a defendant controls others.
United States v. Flores-Sandoval,
Conclusion
Accordingly, the judgment of the district court is affirmed.
Notes
. Nor do we have reason to quarrel with the view of our colleagues in the Ninth Circuit that the government did not need to have probable cause simply to list Mr. Vargas as a probable converser on the application to tap Pickett’s phone.
See United States v. Martin, 599
F.2d
*197
880, 884-85 (9th Cir.),
cert. denied,
. The district court’s finding that Mr. Vargas acted as a manager or supervisor is reviewed for clear error.
See United States v. Young,
