United States v. Kuo-Ying Chen, AKA Gwo Ing Chern

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kuo-Ying CHEN, aka Gwo Ing Chern, Defendant-Appellant. No. 93-10192. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1993. * Decided Oct. 20, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Kuo-Ying Chen appeals his 21-month sentence following entry of a guilty plea to bringing illegal aliens into the United States for the purpose of commercial advantage and private financial gain in violation of 18 U.S.C. §§ 2 , 1324(a)(2)(B)(ii). Chen contends the district court erred by adjusting his United States Sentencing Guidelines offense level upward for obstruction of justice. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 Although the district court's finding that a defendant obstructed justice is reviewed for clear error, "we review de novo whether a defendant's conduct constitutes obstruction of…