United States v. Yong Cha Lee

U.S. Court of Appeals for the Ninth Circuit
United States v. Yong Cha Lee, 670 F. App'x 471 (9th Cir. 2016)

United States v. Yong Cha Lee

Opinion

MEMORANDUM **

Ypng Cha Lee appeals from the district court’s judgment and challenges the 72-month sentence imposed following her guilty-plea conviction for conspiracy to distribute a listed chemical, in violation of 21 U.S.C. §§ 841(c)(2) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Lee contends that her sentence is substantively unreasonable in light of the fact that she will be deported to Korea following her incarceration, where she has no family except two elderly sisters. The district court did not abuse its discretion in imposing Lee’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The court varied downward 168 months to account for Lee’s deportability and other mitigating factors. The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Lee’s decision to abscond from sentencing for almost 11 years. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

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. Yong Cha LEE, Defendant-Appellant
Status
Unpublished