UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-11487
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHUL HO KIM; SUN HO KIM
Defendants-Appellants.
Appeal from the United States District Court
for the Northern District of Texas
(3:96-CR-226-R)
October 6, 1997
Before SMITH, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Chul Ho Kim and Sun Ho Kim appeal their sentences for
trafficking in counterfeit goods, in violation of 18 U.S.C. § 2320.
They contend that the district court reversibly erred (1) by
attributing a $4.6 million loss to them; (2) by finding that they
were leaders or organizers of criminal activity involving more than
five people; (3) by denying an adjustment to their offense level
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
for acceptance of responsibility; and (4) by imposing $1 million
fines without adequately determining that they were able to pay.
We conclude that attributing the loss to the Kims was not
clearly erroneous, United States v. Hill, 42 F.3d 914, 919 (5th
Cir.), cert. denied, 116 S.Ct. 130 (1995); that the findings that
they were leaders or organizers of a criminal activity involving
five or more participants or was otherwise extensive were neither
clearly erroneous as to Chul Ho Kim nor plain error as to Sun Ho
Kim, United States v. Calverley, 37 F.3d 160, 162 (5th Cir.
1994)(en banc), cert. denied, 513 U.S. 1196 (1995); United States
v. Watson, 988 F.2d 544, 550 (5th Cir. 1993); that the court did
not clearly err in denying an adjustment for acceptance of
responsibility, United States v. Spires, 79 F.3d 464, 467 (5th Cir.
1996); and, finally, that the imposition of the fines was not plain
error. United States v. Leal, 74 F.3d 600, 608 (5th Cir. 1996).
(The Kims’ motion to file their reply brief is GRANTED.)
AFFIRMED
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