United States v. Il Hwan Kim

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Il Hwan KIM, Defendant-Appellant. No. 90-10644. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Oct. 4, 1993. Before FLETCHER, POOLE and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Il Hwan Kim appeals his conviction and 60-month sentence imposed following a jury trial for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Kim contends that the district court erred by (1) denying his motion for acquittal based upon insufficient evidence and (2) imposing the statutorily-mandated minimum sentence, rather than a sentence within the applicable Sentencing Guidelines range. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 * Sufficiency of the Evidence 4 Kim contends that insufficient evidence existed to support his conviction because he was not selling or assisting in the…