United States v. Kha

*Chief Judge of the Western District of Texas, sitting by
designation.
**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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20258
UNITED STATES OF AMERICA
Plaintiff - Appellee
v
THANH KHA; OMAR OCHOA, JR; XAI KHA
Defendants - Appellants
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Appeals from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-3-3
August 1, 2001
Before KING, Chief Judge and BARKSDALE, Circuit Judges and
NOWLIN,* District Judge.
PER CURIAM:**
Defendants-Appellants appeal their jury convictions of
conspiracy to commit arson and aiding and abetting the commission
of arson. They argue that the evidence is insufficient to
support Xai Kha’s convictions, that the prosecutor made several
improper arguments, and that the district court erred by finding
that Thanh Kha and Ochoa were managers or supervisors within the
meaning of USSG § 3B1.1. Having considered the oral arguments,
the briefs, and the pertinent parts of the record, we find no

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reversible error.
For the above-stated reasons, Defendants’-Appellants’
convictions and sentences are AFFIRMED.

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