“who are plainly among the least culpable of those involved in the conduct of a group.” U.S.S.G. § 3B1.2, cmt. n.l. Subsection (b) instructs the sentencing court to decrease an individual’s offense level by two levels if he “was a minor participant” in the criminal activity, and the commentary defines a minor participant as one “who is less culpable than most other participants.” U.S.S.G. § 3B1.2, cmt. n.3. Section 3B1.2 provides for an intermediate adjustment of three levels for cases falling between (a) and (b). Isienyi contends that the sentencing court erred in denying him an adjustment pursuant to this section of the Guidelines because he played only a small role in the criminal activity that resulted in his arrest. Isienyi was convicted of importing a single l (8th Cir.1998) (<HOLDING>); United States v. Demers, 13 F.3d 1381,
holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense holding that a courier convicted of possession with intent to distribute may be entitled to a mitigating role reduction even if his base offense level did not account for the amount of drugs involved in the larger trafficking scheme holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment