United States v. Hung Van Huynh

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hung Van HUYNH, Defendant-Appellant. No. 93-10510. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1994. Decided June 28, 1994. Before: GOODWIN, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Hung Van Huynh was convicted of conspiring and attempting to bring 138 unauthorized aliens to the United States in violation of 8 U.S.C. Sec. 1324 (a)(2)(B)(ii) and 18 U.S.C. Secs. 2 and 371. Huynh appeals the district court's denial of his motion to dismiss the indictment or suppress evidence based on an alleged violation of the Posse Comitatus Act ( 18 U.S.C. Sec. 1385 and 10 U.S.C. Sec. 375 ), the upward adjustment in his sentence based on his role as a manager, and the upward departure based on the large number of aliens involved and the financial impact on the United States. This court has jurisdiction, 28 U.S.C. Sec. 1291 , and we…