Chang

United States v. Chang

Good Law
49 F. App'x 99
United States Court of Appeals for the Ninth CircuitOctober 4, 2002Nos. 01-50339, 01-50340; D.C. No. CR-00-00849-NM-1; D.C. No. CR-00-00849-NM-2California445 words

Opinion

Lead Opinion

MEMORANDUM ***

The appellants Byung Ha Chang and Mi Ryeong Kim, husband and wife, each entered a guilty plea to conspiracy to smuggle illegal aliens into the United States in violation of 8 U.S.C. § 1324 (a)(l)(A)(v)(I). The appellants challenge the sentence imposed by the district court. Specifically, they argue that the district court applied the wrong standard of proof, improperly relied on hearsay evidence, and erred in imposing a nine-level enhancement pursuant to U.S.S.G. § 2Ll.l(b)(2) and a four-level enhancement pursuant to U.S.S.G. § 3Bl.l(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

The appellants argue that the district court incorrectly stated that the applicable standard of proof for a sentence enhancement under U.S.S.G. § 2Ll.l(b)(2) is preponderance of the evidence. However, whether the standard is proof by clear and convincing evidence, as the appellants contend, or by a preponderance of the evidence, makes no difference in this case. The district court found that the sentence enhancements had been established by clear and convincing evidence.

The district court did not err in considering hearsay statements of…

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