United States v. Kyung Hwan Mun

Good Law
91 Daily Journal DAR 3099·928 F.2d 323·1991 WL 34688·1991 U.S. App. LEXIS 4184·91 Cal. Daily Op. Serv. 1844
United States Court of Appeals for the Ninth CircuitMarch 18, 199190-30214California524 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.