Singh

MEMORANDUM **

A jury found Jagdish Singh (“Singh”) guilty of all counts in a seven-count indictment. On appeal, Singh raises three issues. First, Singh contends that the district court clearly erred in finding he was a “manager or supervisor” as defined by U.S.S.G. § 3Bl.l(b) and thus, erred in applying a three-level upward adjustment to his offense level. Second, Singh argues that the district court violated his Fifth Amendment right to due process by not reading or giving a copy of the indictment to the jury. Third, Singh argues that the district court violated his Fifth Amendment right to a fair trial because it failed to adequately apprise the jury of the dates of the offenses charged for Counts 2-5 and 7 of the indictment. We affirm the district court.

1. U.S.S.G. § 3Bl.l(b)

The district court may apply a U.S.S.G. § 3Bl.l(b) aggravating role enhancement if the government shows by a preponderance of evidence that the defendant was a manager or supervisor in the crime. See United States v. Alonso, 48 F.3d 1536, 1545 (9th Cir.1995). We review the district court’s factual findings in the sentencing phase for clear error. United States v. Kilby, 443 F.3d 1135, 1140 (9th…