United States v. Kyung Hwan Mun

Kyung Hwan Mun appeals the district court’s denial of his motion for reduction of his sentence pursuant to 18 U.S.C. § 3582 (c)(2) (1988) or, in the alternative, to set aside his sentence for relief under 28 U.S.C. § 2255 (1988). Mun argues that the district court erred when it found that Braxton v. United, States, 500 U.S. 344 , 111 S.Ct. 1854 , 114 L.Ed.2d 385 (1991), did not affect the court’s earlier interpretation of the Sentencing Guidelines applied in Mun’s case. He also claims that the policy behind the Sentencing Guidelines and due process were violated when the district court refused to change his federal sentence to run concurrently with the state court sentence for the same underlying conduct which was imposed subsequent to the federal sentence. We affirm the decision of the district court.

BACKGROUND

On October 31, 1989, Kyung Hwan Mun was in a bar in Newport, Oregon, playing cards with friends. Tim Lentz approached Mun and insulted him with racial slurs. A fight outside the bar ensued, and Mun apparently lost badly. When Lentz relented and returned to the bar, Mun went to his ear and took out a semiautomatic pistol. He then headed back to the bar, allegedly to…