United States v. Son Van Ly

MEMORANDUM **

Son Van Ly appeals his 180-month sentence imposed on remand after we reversed the district court’s denial of Ly’s habeas petition upon concluding that Ly’s trial counsel provided ineffective assistance at sentencing. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s interpretation of the Sentencing Guidelines, its application of the Guidelines to the facts for abuse of discretion, and its factual findings for clear error. United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006).

Ample evidence supports enhancing Ly’s sentence for his co-conspirators’ use of firearms and restraints during the Multi-Industry Technology, Inc. and Centón Electronics, Inc. (“Centon”) robberies. See U.S.S.G. § 2B3.1(b)(2)(B) (1998) (directing court to increase offense level by six “if a firearm was otherwise used”); see also U.S.S.G. § 2B3.1(b)(4)(B) (1998) (direefing court to increase offense level by two “if any person was physically restrained to facilitate the commission of the offense or to facilitate escape”). The evidence shows that Ly participated in carefully planned takeover robberies and was present in a hotel room before…