United States v. Hyung Su Lee and Gun Ho Kim

99 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hyung Su LEE and Gun Ho Kim, Defendants-Appellants. Nos. 95-50585, 95-50588. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1996. * Decided Oct. 16, 1996. Before: O'SCANNLAIN, T.G. NELSON and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Defendants Hyung Su Lee and Gun Ho Kim appeal the sentences imposed by the district court on resentencing. We affirm. A. Lee, No. 95-50588 1. Downward Departure 3 We reject Lee's argument that the district court failed to exercise its authority and grant a downward departure based on aberrant behavior, family circumstances and/or sentencing entrapment. 4 At resentencing, Lee argued that he was entitled to a downward departure based upon aberrant behavior, by itself and in combination with unusual family circumstances and sentencing entrapment. The district court listened to these arguments and then imposed the…