United States v. Chong Hwan Kim

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Chong Hwan KIM, Defendant-Appellant. No. 94-50634. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1996. Decided July 5, 1996. Before: FLETCHER, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Chong Hwan Kim appeals his sentence under the Sentencing Guidelines following a guilty plea to conspiracy to distribute and to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Kim contends that the government improperly recommended a three- rather than a five-level downward departure from his base offense level for his substantial assistance to the government. Kim further contends that the district court erred by applying a three-level enhancement based on its conclusion that Kim was a manager or supervisor in the conspiracy. We have jurisdiction pursuant to 28 U.S.C. § 1291 and…