Court's failure to explain reasons for leader/organizer enhancement was not plain error

U.S. v. Marquez, 833 F.3d 1217 (8/12/16) (NM) (Published) - No relief for plain error failure to explain a leadership enhancement under USSG § 3B1.1. The 10th holds the district court plainly failed to live up to its duty to set out the factual basis and reasoning for imposing a leader/organizer enhancement. But no-go on the third plain-error prong. Mr. Marquez could not show the failure to explain made a difference in the outcome [a virtually impossible burden regarding any failure-to-explain error]. The record supported the bump because Mr. Marquez did quite a bit of organizing of two couriers to "orchestrate" the sale and transfer of meth from Arizona to New Mexico. No control was necessary. It was enough that Mr. Marquez coordinated and oversaw the enterprise. Sustained conduct is unnecessary. The "one-off" venture was sufficient.