United States v. Sung Jin Kim

OVERVIEW

Sung Jin Kim appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his guilty plea conviction and sentence for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1), and for return of $105,000, forfeited by defendant pursuant to a settlement agreement in two civil forfeiture actions filed by the government against defendant’s property. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

FACTS

On January 14, 1992, defendant pleaded guilty to one count of possession with intent to distribute approximately 800 grams of crystal methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Specifically, defendant admitted that, on September 6, 1991, he delivered approximately one pound of crystal methamphetamine to an individual who was cooperating with the Federal Bureau of Investigation (“FBI”) in Honolulu. Defendant was arrested immediately. Thereafter, he surrendered an additional half pound of methamphetamine, which was in his apartment. In sum, “the total crystal methamphetamine held by defendant for sale on September 5, 1991, was approximately 800 grams.” On August 19, 1992, the district court sentenced…