United States v. Ji Sung Shin

U.S. Court of Appeals for the Ninth Circuit
United States v. Ji Sung Shin, 264 F. App'x 613 (9th Cir. 2008)

United States v. Ji Sung Shin

Opinion of the Court

MEMORANDUM **

Ji Sung Shin appeals from the 48-month sentence imposed following his guilty-plea conviction for use of a communication facility, in violation of 21 U.S.C. § 843(b). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Shin contends that his sentence is unreasonable because the district court treated the Sentencing Guidelines as mandatory and did not identify the subsection of 18 U.S.C. § 3353 on which it relied. We disagree. The record reflects that the district court considered the sentencing factors set forth in § 3553(a) and treated the Guidelines as advisory. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 596-600, 169 L.Ed.2d 445 (2007).

Shin also contends that his sentence is unreasonable because it is substantially longer than the sentences imposed on three co-defendants. However, the record indicates that “the district court had a reasonable basis under the advisory Sentencing Guidelines for the difference in the sentence each received.” United States v. Plouffe, 445 F.3d 1126, 1131-32 (9th Cir.), cert. denied, - U.S. -, 126 S.Ct. 2314, 164 L.Ed.2d 832 (2006).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
United States v. JI SUNG SHIN
Status
Published