FILED
NOT FOR PUBLICATION JUL 14 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30104
Plaintiff - Appellee, D.C. No. 3:11-cr-00202-MO-1
v.
MEMORANDUM*
TU NGOC TRAN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Submitted July 9, 2014**
Portland, Oregon
Before: PREGERSON, PAEZ, and WATFORD, Circuit Judges.
Defendant Tu Ngoc Tran appeals his conviction for wire fraud, see 18
U.S.C. § 1343, as well as his 63 month sentence of imprisonment. We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
1. The district court did not err in refusing to give Tran’s proposed
specific intent instruction. To sustain a conviction for wire fraud, the government
was required to show “only” that Tran had “[a] specific intent to defraud.” United
States v. Jinian, 725 F.3d 954, 966 (9th Cir. 2013). The district court’s instructions
were sufficient because they specifically required the jury to find that Tran “acted
with the intent to defraud.”
2. The district court also did not clearly err in finding that Tran was a
“manager” under U.S.S.G. § 3B1.1(c). The district court’s finding was supported
by factual statements in the presentence report and evidence in the record showing
that Tran organized and directed the activities of two other participants, Huy Anh
Nguyen and Minhthy Nguyen. See United States v. Ingham, 486 F.3d 1068, 1075
(9th Cir. 2007); United States v. Narte, 197 F.3d 959, 966 (9th Cir. 1999); United
States v. Beltran, 165 F.3d 1266, 1271 (9th Cir. 1999).
AFFIRMED.
2