United States v. Ta

U.S. Court of Appeals for the First Circuit

United States v. Ta

Opinion

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 96-2303

UNITED STATES,

Appellee,

v.

SINH VAN TA, A/K/A AH SINH,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge]

Before

Torruella, Chief Judge, Stahl and Lynch, Circuit Judges.

Paul M. Yee on brief for appellant. Donald K. Stern, United States Attorney, and Kevin P. McGrath, Assistant United States Attorney, on brief for appellee.

April 11, 1997

Per Curiam.

Upon careful review of the briefs and record,

we perceive no clear error in the district court's

determination that the 2-level adjustment under U.S.S.G. S

3B1.1(c) should apply to appellant. The determination that

appellant managed at least one of his co-defendants in the drug

transactions was adequately supported by the facts presented to

the district court. The district court was not required to

adopt appellant's interpretation of those facts, and, further,

even if appellant himself were subject to management by others,

the S 3B1.1(c) adjustment was applicable nonetheless. See

United States v. Andujar,

49 F.3d 16, 25

(1st Cir. 1995).

Affirmed. See 1st Cir. Loc. R. 27.1.

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Reference

Status
Unpublished