United States v. Kwan Yong Choi

MEMORANDUM

Kwan Yong Choi appeals from the district court’s judgment and challenges the 36-month sentence imposed following his guilty-plea convictions for money laundering and aiding and abetting, in violation of 18 U.S.C. §§ 1956 (a)(1) and 2. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Choi contends that the district court procedurally erred by failing to explain adequately the extent of its downward departure under U.S.S.G § 5K2.23. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The record, taken as a whole, reflects that the district judge “considered the parties’ arguments and [had] a reasoned basis for exercising his own legal decisionmaking authority.” Rita v. United States, 551 U.S. 338, 356 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007).

Choi further contends that his sentence is substantively unreasonable in light of the alleged procedural error and his having already been punished for the underlying criminal conduct in South Korea. The district court did not abuse its discretion in imposing Choi’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445…