United States v. Yeong Tay Lin

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Yeong Tay LIN, Defendant-Appellant. No. 92-10598. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 17, 1993. Decided July 6, 1993. Before: LAY * , HUG and SCHROEDER, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Yeong Tay Lin appeals his sentence under the Sentencing Guidelines for conspiracy, attempt, and the actual bringing of illegal aliens to the United States for the purpose of commercial advantage or private financial gain, in violation of 18 U.S.C. § 371 , 8 U.S.C. § 1324 (a)(2)(B)(ii), and 18 U.S.C. § 2 . Lin challenges the court's imposition of a four-point upward departure in his offense level, pursuant to U.S.S.G. § 2L1.1, comment. (n. 8) (1991), on the stated ground that the smuggling operation involved 93 aliens--a particularly large number. Lin contends that when the court imposed the four-point departure it…