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United States v. Ta, 96-1825 (1997)

Court: Court of Appeals for the First Circuit Number: 96-1825 Visitors: 7
Filed: Apr. 15, 1997
Latest Update: Mar. 02, 2020
Summary: Stahl and Lynch, Circuit Judges., ____________________, Alan D. Rose and Rose Associates on brief for appellant.Assistant United States Attorney, on brief for appellee. The district court properly concluded that, appellant was not entitled to a reduction as a minor, participant under U.S.S.G.
USCA1 Opinion











[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-1825

UNITED STATES,

Appellee,

v.

OANH VAN HA, A/K/A QUANH,

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.

____________________

Alan D. Rose and Rose & Associates 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 sentencing

determinations. The district court properly concluded that

appellant was not entitled to a reduction as a minor

participant under U.S.S.G. S 3B1.2(b), in light of his

responsibilities for storing, guarding, and distributing

substantial quantities of the drugs. Further, appellant was

not entitled to an extra reduction for a timely plea under

U.S.S.G. S 3E1.1(b)(2), in light of his belated plea on the

third day of trial.

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































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Source:  CourtListener

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