Legal Opinion

United States v. Khang

Court of Appeals for the Ninth Circuit

Decided September 20, 1994No. Nos. 93-50174, 93-50265, 93-50180 and 93-50270PublishedCited by 11 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge:

This is a sentencing guidelines case. It raises questions of whether the increase for obstruction of justice and the decrease for acceptance of responsibility can be imposed in the same case, and whether the third point for acceptance of responsibility can be awarded to equalize sentences. Although one appellant also claims that insufficient-consideration was given to a departure downward based on cultural differences between his native culture and American society, this issue is a red herring, because the district court found that there was no factual basis for such…

2Cases cited5 opinions

  1. United States v. Bobby Lee HopperCourt of Appeals for the Ninth Circuit · 1994
  2. United States v. Sergio Rafael GonzalezCourt of Appeals for the Ninth Circuit · 1994
  3. United States v. Terry Lee AndersCourt of Appeals for the Ninth Circuit · 1992
  4. United States v. Sherman Edward JacksonCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Jung Yul YuCourt of Appeals for the Third Circuit · 1992

3Cited by11 opinions

  1. United States v. AllenCourt of Appeals for the Ninth Circuit · 2003
  2. United States v. Magana-GuerreroCourt of Appeals for the Ninth Circuit · 1996
  3. United States v. GulleyCourt of Appeals for the Sixth Circuit · 2003
  4. United States v. Andres HernandezCourt of Appeals for the Ninth Circuit · 1994
  5. United States v. Zong Blong MuaCourt of Appeals for the Ninth Circuit · 1996

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