Chang
United States v. Chang
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.