Nguyen
United States v. Nguyen
Opinion
Lead Opinion
MEMORANDUM **
Don Nguyen appeals the sentence imposed upon him by the district court as a result of his conviction of two counts of Conspiracy to Defraud the United States in violation of 18 U.S.C. § 371 , and four counts of Procuring False Documents in Connection with Naturalization in violation *856 of 18 U.S.C. § 1425 (a). We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
I
The district court did not err by imposing a six-level increase pursuant to U.S.S.G. § 2L2.1(b)(2)(C), which permits an upward adjustment for document trafficking offenses if the offense involved six or more documents. A review of the record indicates that there was sufficient evidence to support this enhancement because the prosecution proved by a preponderance of the evidence that Nguyen was involved with at least 100 documents. See United States v. Maldonado, 215 F.3d 1046, 1051 (9th Cir.2000) (internal citations omitted).
II
The district court properly refused to grant a three-level decrease under U.S.S.G. § 2L2.1(b)(l), which applies if the defendant committed the offense “other than for profit.” U.S.S.G. § 2L2.1(b)(l).…