U.S. v. KHANG

Nos. 93-50174, 93-50265, 93-50180 and 93-50270.

36 F.3d 77 (1994)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Lee KHANG, Defendant-Appellant-Cross-Appellee. UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Say Pha KHANG, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1994.


Attorney(s) appearing for the Case

Morton H. Boren, Los Angeles, CA, for defendant-appellant Lee Khang.

Humberto Diaz, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant Say Pha Khang.

Daniel P. Collins, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: FARRIS, RYMER, and KLEINFELD, Circuit Judges.


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...

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