United States v. Zaw Moe, Amir Humuntal Lubman Tobing, San Lwin
Court of Appeals for the Second Circuit
1Opinion of the Court
OAKES, Senior Circuit Judge:
Amir Tobing and San Lwin appeal from judgments of conviction entered on July 20, 1994, and July 28,1994, by the United States District Court for the Eastern District of New York, Reena Raggi, Judge, after their guilty pleas to one count of conspiring to smuggle aliens into the United States in violation of 18 U.S.C. § 371 and 8 U.S.C. §§ 1324 & 1325. Tobing was sentenced to 48 months’ imprisonment, and Lwin to 54 months.
In imposing both sentences, the district court upwardly departed pursuant to Application Note 5 of the alien smuggling guideline, U.S.S.G. § 2L1.1,…
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