United States v. Ronald Kainalu Ching

Ronald Ching was charged in two indictments with eleven violations of federal firearm statutes and five narcotics offenses. He agreed to plead guilty to possession of an unregistered silencer and an unregistered pen gun, 26 U.S.C. § 5861 (i); possession of a firearm by a convicted felon, 18 U.S.C. App. § 1202(a)(1); and possession of heroin with intent to distribute, 21 U.S.C. § 841 (a)(1). Ching claims that the sentence imposed for these convictions was inconsistent with the terms of the plea agreement; he asks that we vacate the sentence and remand for resentencing. We affirm the judgment.

The written plea agreement specifically provided “that nothing in this agreement as to Ronald K. Ching pertains to sentencing and that the Court may sentence in its full discretion.” The Government expressly reserved the right to present evidence and argument as to the appropriate sentence. Ching now contends this agreement contemplated a sentencing hearing at which the Government would be required to provide clear and convincing evidence in support of the sentence it suggested, and at which Ching would be entitled to present rebuttal evidence. He claims that the court necessarily approved…