You are in the 3rd judicial circuit, and the rulings of the 3rd circuit apply to your case. After quite a bit of reading, I was only able to find one decision which limits the application of guideline factor 3b1.1(c). That case is listed below, I do not know if it would help or apply in your case, but it's the only decision i saw limiting the guideline provision. However the sentencing guidelines are no longer mandatory, unless the crime was committed before 2005. The supreme court did however hold that the guideline range must be considered by the trial
judge and if there are errors in determining the correct guideline range, the court can not give true consideration to the guidelines because they were wrongly calculated, thus an appeal could result in a order for resentencing, however the same sentence
could generally be imposed, as the court has then considered the guidelines but determines for some reason they you warrant a more severe penalty than is recommended.
UNITED STATES OF AMERICA v. THOMAS DEGOVANNI No. 96-1333
January 2, 1997
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
GARTH, Circuit Judge :
In the context of U.S.S.G. §3B1.1(c) which authorizes an enhancement of two levels when a defendant is characterized as a "supervisor", the question we must answer in this appeal is: when is a supervisor not a supervisor? In the instant case, we hold that one is only a "supervisor" under U.S.S.G. §3B1.1(c) when he is so involved in, and connected to, the illegal activity of others that he actually supervises their illegal conduct, and is not just a supervisor by virtue of his de jure position in the police department hierarchy.