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164334P.pdf   11/16/2017  United States  v.  Candice Davis
   U.S. Court of Appeals Case No:  16-4334
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges] Criminal Case - sentencing. Defendant's objection to references in presentence investigation report identifying fifty individuals she recruited is not material to an enhancement under Guidelines sec. 3B1.1(b) because the enhancement required only involvement of five or more participants; defendant stipulated to involvement of 15 participants and stipulated to enhancement under sec. 2B1.1(b)(10)(C). Thus, any error in overruling defendant's objection was harmless. District court did not err in finding defendant was involved in the scheme before 2015, as agent had materials and reports since 2013. As for enhancement under sec. 3B1.1(b) (manager or supervisor), evidence showed defendant exercised control over at least one participant and thus did not err in applying three-level enhancement. Denial of two-level reduction for acceptance of responsibility was not error in light of defendant's multiple objections to the PSR.