United States v. Hoa Cam Lam

Hoa Cam Lam pled guilty to the offense of being in possession of an unregistered sawed-off shotgun. 26 U.S.C. § 5861 (d). He was sentenced in a proceeding where the district judge said that he would depart if he could but lacked the discretion to do so. Lam appealed and we now vacate the sentence and remand.

BACKGROUND

Lam is the oldest son of a Vietnamese family that, amid great travail and sorrow, immigrated .to this country in 1980 in an attempt to make a new life. He and the family arrived here penniless, but they are very close and they worked together and saved until they were able to open a small business. One evening, three masked men came into the business’ warehouse. They robbed Lam and his pregnant sister at gunpoint, fired shots, and, after going through drawers and cabinets, made off with personal jewelry that he was forced to give them. Lam, who was very frightened'for himself and for his family, believed that as the oldest son the protection of the family was his responsibility.

He then had the misfortune of mentioning the robbery to a friend, who told him that he should keep a gun on the premises for protection, as other Los Angeles area businessmen did. Lam was…