United States v. Leticia Bracamontes-Rodriguez, United States of America v. Racial Aparacio-Rodriguez

87 F.3d 1323 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leticia BRACAMONTES-RODRIGUEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Racial APARACIO-RODRIGUEZ, Defendant-Appellant. Nos. 95-30099, 95-30110. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1996. Decided June 6, 1996. Before: REINHARDT, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 1. Bracamontes: Defendant's claims that the district court violated due process by adopting the findings of the PSR and the government's March 7, 1995, sentencing letter are groundless. The court fulfills the requirements of Fed.R.Crim.P. 32(c)(3)(D) when it adopts findings proposed by the government that were supported by the trial record. See United States v. Williams, 41 F.3d 496, 499 (9th Cir.1994). The district court didn't err in adjusting upward under USSG § 2J1.2(b)(1). See, e.g., R.T. 1050-51 (testimony…