United States v. Hung Quoc Bui

MEMORANDUM

Hung Quoc Bui (“Bui”) appeals his 78-month sentence for three counts of Access Device Fraud, 18 U.S.C. § 1029 (a)(2), and three counts of Aggravated Identity Theft, 18 U.S.C. § 1028A. Bui complains that the district court plainly erred when it: 1) failed to properly consider and apply United States Sentencing Guidelines (“U.S.S.G.”) § 5G1.2 in sentencing Bui consecutively on two of his Access Device Fraud convictions; and 2) failed to properly address U.S.S.G. § 5G1.2, Application Note 2(B), when imposing consecutive sentences on two of Bui’s Aggravated Identity Theft convictions. Bui further complains that the district court’s decision to run two of the Aggravated Identity Theft sentences consecutively was based on its clearly erroneous finding that multiple victims were involved in those counts. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

“A district court’s sentencing decisions are generally reviewed for abuse of discretion.” United States v. Rangel, 697 F.3d 795, 800 (9th Cir.2012). “Only a procedurally erroneous or substantively unreasonable sentence should be set aside.” Id. Where, as here, “a procedural sentencing error is raised for the…