United States v. Jong Seok Seo

MEMORANDUM *

Jong Seok Seo appeals his sentence of forty-six months imprisonment and five years of supervised release. He challenges the district court’s imposition of a two-level “means of identification” sentencing enhancement. U.S.S.G. § 2B1.1(b)(9)(C). 1 Because Seo failed to object to the application of the enhancement at sentencing, we review for plain error. United States v. Olano, 507 U.S. 725, 731, 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993); United States v. Evans-Martinez, 448 F.3d 1163, 1166 (9th Cir.2006). We reverse and remand for resentencing.

Even after United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the district court must begin with a proper calculation of the Guidelines range. United States v. Cantrell, 433 F.3d 1269, 1278 (9th Cir.2006); see United States v. Menyweather, 447 F.3d 625, 630 (9th Cir.2006) (as amended). The two-level § 2B1.1(b)(9)(C)(i) enhancement applies if the offense involved “the unauthorized transfer or use of any means of identification unlawfully to produce or obtain any other means of identification.” We held in United States v. Melendrez, 389 F.3d 829 (9th Cir.2004), that “[b]oth the source ID numbers and…