United States v. Tuyet Thi-Bach Nguyen
Opinion
Opinion
MEMORANDUM
Appellant Tuyet Nguyen challenges her below-Guidelines sentence of 24 months for Introduction into Interstate Commerce of Misbranded Medical Devices in violation of 21 U.S.C. §§ 331 (a) and 333(a). Nguyen appeals the district court’s application of three enhancements in calculating her sentence: 1) a 16-level enhancement pursuant to U.S.S.G. § 2B1.1(b)(1)(I) for the total amount of loss of over $1 million; 2) a two-level enhancement pursuant to U.S.S.G. § 2B1.1(b)(4) for trafficking of stolen property; and, 3) a two-level enhancement pursuant to U.S.S.G. § 3B1.1(c) based on her leadership role in the crimes.
I
The district court did not err in applying a 16-level enhancement pursuant to U.S.S.G. § 2B1.1(b)(l)(I) for an amount of loss of over $1 million. The district court properly found that the reversed convictions were relevant to the mislabeling crimes and were proved by a preponderance of the evidence. See United States v. Cruz-Gramajo, 570 F.3d 1162, 1171 (9th Cir.2009) (“The provisions of § IB 1.3 are written broadly to provide sentencing judges maximum discretion, allowing flexibility in their application to a variety of crimes and circumstances.”).