United States v. Kyung Hwan Mun
Opinion
Opinion
Tim Lentz insulted appellant Kyung Hwan Mun with racial slurs while the two were in an Oregon bar. A fight ensued. Mun was losing badly. He retrieved a semi-automatic pistol from his car, fired two shots into the air, and pursued Lentz back into the bar. Inside the bar, Mun fired three more shots before he was subdued by other customers. Police later discovered an AK-47 assault rifle in Mun’s home.
Mun was charged under 18 U.S.C. § 922 (g)(1) with being an ex-felon in possession of two firearms: the automatic pistol used against Lentz and the AK-47. The prior felonies involved the stabbing of a hotel manager and the shooting of Mun’s wife. Mun pleaded guilty.
The base offense level for simple possession of a firearm by an ex-felon is six. Guidelines § 2K2.1(a)(3). However, if the firearm is used in the commission of another offense, the Guidelines instruct the court to apply the base offense level of the underlying offense. Guidelines § 2K2.1(c)(2). Relying upon this provision, the district court applied the base offense level for attempted murder.
Mun argues that his conviction by the state of Oregon for charges arising out of the same conduct bars the application of section…