United States v. Gong Kim

467 F. App'x 548

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 18, 2012
• Docket: 11-30021
• Status: Unpublished

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 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.