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United States v. Ta, 96-2303 (1997)

Court: Court of Appeals for the First Circuit Number: 96-2303 Visitors: 10
Filed: Apr. 15, 1997
Latest Update: Mar. 02, 2020
Summary: Assistant United States Attorney, on brief for appellee. 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. See, United States v. Andujar, 49 F.3d 16, 25 (1st Cir.
USCA1 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[NOT FOR PUBLICATION]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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Source:  CourtListener

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