United States v. Gong Kim
United States v. Gong Kim
Opinion
MEMORANDUM **
Gong Kim pled guilty to one count of exporting munitions without a license in violation of 22 U.S.C. § 2778. On appeal, Kim argues that the district court should have found a base offense level of 14 because his offense “involved only non-fully automatic small arms (rifles, handguns, or shotguns), and the number of weapons did not exceed ten.” United States Sentencing Guidelines § 2M5.2(a)(2).
The district court correctly found a base offense level of 26 because Kim exported gun parts, which are not “non-fully automatic small arms” within the definition of section 2M5.2(a)(2). See United States v. Carper, 659 F.3d 923, 924-25 (9th Cir. 2011). Moreover, Kim’s offense involved *549 enough parts to service more than ten weapons.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee, v. GONG KIM, Defendant—Appellant
- Status
- Unpublished