U.S. v. HUNG VAN TRAN

Nos. 91-2572, 91-2605 and 91-2606.

955 F.2d 288 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. HUNG VAN TRAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. DUC QUANG NGUYEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. BINH VAN NGUYEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1992.


Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Daniel H. Wannamaker, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant Hung Van Tran.

Leslie D. Banks, Paula C. Offenhauser, Asst. U.S. Attys., Ronald C. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellee U.S.

Duke Nguyen Browning, Katy, Tex. (Court-appointed), for defendant-appellant Duc Quang Nguyen.

Trang T. Pham, Houston, Tex. (Court-appointed), for defendant-appellant Binh Van Nguyen.

Before REAVLEY, HIGGINBOTHAM and DEMOSS, Circuit Judges.


REAVLEY, Circuit Judge:

Appellants argue that the district court's four-level upward adjustment of the offense points was unwarranted and produced an erroneous sentence for their conviction of the illegal capture of a turtle. That turns on whether the record will support the trial court's finding that this Kemp's ridley female sea turtle is "substantial" in relation to the total population of sea turtles. We find no error and affirm.

I. BACKGROUND

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