[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 15-15555

Non-Argument Calendar

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D.C. Docket No. 1:15-cr-20151-JEM-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

versus

GUY DERILUS, 

 Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Florida

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(August 15, 2016)

Before TJOFLAT, WILLIAM PRYOR and JILL PRYOR, Circuit Judges.

PER CURIAM: 

Guy Derilus appeals his 180-month sentence, imposed after he pleaded 

guilty to conspiracy to possess with intent to distribute 5 kilograms or more of 

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cocaine, in violation of 21 U.S.C. §§ 841(a) and 846. On appeal, Derilus argues 

that the district court erred when it applied a two-level enhancement for Derilus’s 

leadership role in the conspiracy under U.S.S.G. § 3B1.1(c). He contends the 

government failed to prove the disputed facts by a preponderance of the evidence 

that he was an organizer, leader, manager or supervisor sufficient to impose the 

enhancement. He also argues the court erred when it applied the two-level 

enhancement for direct involvement in the importation of a controlled substance 

under U.S.S.G. § 2D1.1(b)(15)(C), which is triggered if a defendant receives an 

enhancement under § 3B1.1.

Derilus was arrested after Homeland Security Investigations agents pulled 

him over driving a car containing 288 kilograms of cocaine. The agents observed 

Derilus and other co-defendants transporting boxes from the Motor Vessel Wave 

Trader to Derilus’s car. The Homeland Security Agents along with United States 

Immigration and Customs Enforcement agents had been monitoring Derilus and 

the Wave Trader for two months prior to Derilus’s arrest. The Wave Trader

arrived at port in Miami having traveled from Haiti. 

We review the district court’s factual finding of a defendant’s role in an 

offense for clear error. United States v. Moran, 778 F.3d 942, 979 (11th Cir. 

2015). For a factual finding to be clearly erroneous, we must be “left with a 

definite and firm conviction that a mistake has been committed.” Id. Once a 

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defendant disputes a fact supporting the existence of an aggravating role, the 

government “bears the burden of proving that disputed fact by a preponderance of 

the evidence.” United States v. Martinez, 584 F.3d 1022, 1027 (11th Cir. 2009). 

When evidence presented is witness testimony, the credibility of the witness is in 

the province of the court as the factfinder, and we restrain from reviewing the 

factfinder’s determination of credibility unless the evidence is “contrary to the laws 

of nature, or is so inconsistent or improbable on its face that no reasonable 

factfinder could accept it.” United States v. Ramirez-Chilel, 289 F.3d 744, 749 

(11th Cir. 2002) (quotations omitted).

U.S.S.G. § 3B1.1(c) provides that a defendant’s offense level is increased by 

two levels “[i]f the defendant was an organizer, leader, manager, or supervisor in 

any criminal activity” involving less than five participants and was not “otherwise 

extensive” within the meaning of § 3B1.1(a) and (b). Evidence showing that the 

defendant exerted influence or control over even one other individual will be 

sufficient to support an enhancement under § 3B1.1(c). United States v. Lozano, 

490 F.3d 1317, 1323 (11th Cir. 2007). If a defendant receives an adjustment under 

§ 3B1.1 and the defendant was “directly involved in the importation of a controlled 

substance,” an additional two levels are added. U.S.S.G. § 2D1.1(b)(15)(C).

Upon review of the record and consideration of the parties’ briefs, we 

affirm. The district court did not clearly err in applying an enhancement pursuant 

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to § 3B1.1. The government produced a witness, the U.S. Customs and 

Immigration Enforcement lead agent assigned to this case, to testify at the 

sentencing hearing and the testimony was sufficient to support the enhancement. 

The credibility of the witness is left to the discretion of the district court. RamirezChilel, 289 F.3d at 749. The agent testified that Derilus met with members of the 

drug conspiracy in both Haiti and the United States, that he was the one that told 

crewmembers where the cocaine was stored on the ship, and that he met with the 

owners of the ship used to smuggle the cocaine. Because there was sufficient 

evidence to support a role enhancement under § 3B1.1, the enhancement under 

§ 2D1.1(b)(15)(C) was also not clear error. Accordingly, Derilus’ sentence is

affirmed.

AFFIRMED.

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