Giang

United States v. Giang

Good Law
2 F. App'x 837
United States Court of Appeals for the Ninth CircuitJanuary 25, 2001No. 00-50153California572 words

Opinion

Lead Opinion

*838 MEMORANDUM

Yi Wei Giang appeals his 33-month sentence imposed following his guilty plea to bank fraud and fraudulent use of a counterfeit access device, in violation of 18 U.S.C. §§ 1029 and 1344. Giang’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), stating that he found no meritorious issues for review. Counsel has also filed a motion to withdraw as counsel of record. Giang has filed a pro se supplemental brief challenging the district court’s application of a two-point enhancement for obstruction of justice under U.S.S.G. § 3C1.1. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review the district court’s finding that a defendant obstructed justice for clear error. See United States v. Morales, 977 F.2d 1330, 1330-31 (9th Cir.1992). We review de novo whether a defendant’s conduct constitutes obstruction of justice under the Sentencing Guidelines. See id.

For the first time on appeal, Giang challenges the district court’s application of a two-point enhancement for obstruction of justice by arguing that there was no Cantonese interpreter present to explain the release paper he…

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