Byun

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 07-10254 v.  D.C. No.

CR-00-00049-JSU

MI KYUNG BYUN, aka Mi Kyung Mechanic, OPINION Defendant-Appellant.  Appeal from the United States District Court for the District of Guam John S. Unpingco, District Judge, Presiding

Argued and Submitted September 26, 2007—San Francisco, California

Filed July 1, 2008

Before: John R. Gibson,* Marsha S. Berzon, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Berzon

*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

7929 7934 UNITED STATES v. BYUN

COUNSEL

Howard Trapp, Hagatna, Guam, for the defendant-appellant.

Kevin R. Gringas, Washington, D.C., for plaintiff-appellee Department of Justice. UNITED STATES v. BYUN 7935

OPINION

BERZON, Circuit Judge:

After Mi Kyung Byun pleaded guilty to a violation of 8 U.S.C. § 1328, “importation into the United States of any alien for the purpose of prostitution,” the district court deter- mined that…