United States v. Sung Bum Chang

237 F. App'x 985
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 7, 2007
Docket06-11229
StatusUnpublished
Cited by3 cases

This text of 237 F. App'x 985 (United States v. Sung Bum Chang) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Sung Bum Chang, 237 F. App'x 985 (5th Cir. 2007).

Opinion

EDITH BROWN CLEMENT, Circuit Judge: *

Sung Bum Chang appeals the calculation of his offense level under the Sentencing Guidelines. We AFFIRM.

I. FACTS AND PROCEEDINGS

On June 12, 2006, Chang pleaded guilty to one count of conspiracy in violation of 18 U.S.C. § 371 and one count of forced labor in violation of 18 U.S.C. § 1589. On October 18, 2006, Chang was sentenced to 120 months of imprisonment, three years of supervised release, restitution, and a special assessment fee.

Beginning on or about December 13, 2004, until April 26, 2005, when law enforcement officials raided Chang’s home, he participated in a ring that smuggled women into the United States from South Korea. Two of the women indicated that they had met with brokers in South Korea who arranged for their travel to Canada. Guides took them across the United States-Canadian border on foot. After passing through Los Angeles, they were brought to Chang near Dallas.

Chang owned a club in Coppell, Texas, called Club Wa which was frequented by Korean businessmen and other Korean nationals. Chang coordinated with other members of the human trafficking network and paid the smuggling debts of the women whom he received through it. The women were required to live at his house and work at his club until they repaid their debts. Chang held the women’s passports. He also executed contracts requiring them to repay their smuggling debts. The women needed Chang’s permission to leave the house, which was equipped with a video surveillance system to monitor their entries and departures. One woman escaped from the house by leaping from a second story window and eventually contacted law enforcement. Chang’s wife, Hyang Kyung Chang, collaborated in the scheme. Under Chang’s direction, she helped supervise the women at their home, and she worked at Club Wa. Chang enlisted the support of employees at Club Wa to transport the women, and escorts monitored the women’s movements. Chang fined the women for violating his rules, adding the fines to their debts. Between fifty and sixty women lived in Chang’s home under similar arrangements between 2003 and 2005.

*987 Seven women were living at Chang’s residence when law enforcement officials raided it. All of the women were in the United States illegally, and they all spoke little or no English. Chang had taken their passports from them. All of the women were in their late twenties or early thirties. Chang told one of the victims, GHH, that the contract to repay her smuggling debt was enforceable in the United States. GHH came from a village in South Korea of less than one hundred people. Her father died when she was three years old, and her family suffered severe economic hardship.

At sentencing, the district court added a four-point leader/organizer enhancement to Chang’s offense level under U.S.S.G. § SBl.l(a) (2005). The court also added a two-point vulnerable victim enhancement under U.S.S.G. § 3Al.l(b)(l). Chang’s offense level was 30, and his criminal history category was I. His Guideline range was 97-121 months, and he was sentenced to 120 months of imprisonment.

Chang appeals the calculation of this Guideline range, specifically challenging the addition of the four-point leader/organizer enhancement and the two-point vulnerable victim enhancement to his offense level.

II. STANDARD OF REVIEW

This court reviews de novo the district court’s interpretation of the Sentencing Guidelines. United States v. Angeles-Mendoza, 407 F.3d 742, 747 (5th Cir.2005). Factual findings for sentencing are reviewed for clear error. United States v. Valencia, 44 F.3d 269, 272 (5th Cir.1995). “A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” Id.

III. DISCUSSION

A. § 3Bl.l(a) organizer

“If the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive, increase by 4 levels.” U.S.S.G. § 3Bl.l(a). In deciding whether a defendant undertook an organizational or leadership role, the court should consider:

the exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others. There can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy.

U.S.S.G. § 3B1.1 cmt. n. 4. “To qualify for the four-level § 3Bl.l(a) enhancement, a person must have been the organizer or leader of at least one other participant.” United States v. Ronning, 47 F.3d 710, 712 (5th Cir.1995).

The district court relied on United States v. Ventura, 353 F.3d 84, 89-90 (1st Cir.2003), in which the First Circuit affirmed a § 3Bl.l(a) enhancement when the defendant had been the “organizer or leader of a discrete part of the operation.” That court’s reasoning comports with U.S.S.G. § 3B1.1 cmt. n. 4, which states that there can be more than one leader or organizer of a criminal conspiracy. While Ventura’s holding is persuasive, Chang’s role as the leader or organizer of the forced labor at Club Wa is sufficient to affirm the district court’s decision.

Chang concedes that the criminal activity that was the subject of his conviction was otherwise extensive. He argues that *988 he did not participate as a leader or organizer in the smuggling network. However, the district court did not rely solely on Chang’s involvement in the smuggling network. Over a three year period, Chang organized the forced labor of between 50 and 60 women. Chang controlled the activities at Club Wa and directed his wife and club employees in the criminal activity related to Club Wa. In light of Chang’s ownership of the club and testimony that the club had gross receipts of several million dollars, the district court’s finding that Chang received a larger portion of the fruits of the criminal activity there was plausible. Also, the district court’s finding of Chang’s involvement in the human trafficking ring that provided women to work as forced labor at his club was plausible. While Chang was not in overall command of the human trafficking network, he did command the criminal conspiracy that was the subject of his conviction, namely the forced labor at his club.

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237 F. App'x 985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sung-bum-chang-ca5-2007.