United States v. Hoang Mung Thai

MEMORANDUM **

Hoang Mung Thai pled guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(B). Thai was subject to a 60-month statutory minimum, and requested a 70-month sentence. In a memorandum to the district court and again at his sentencing hearing, Thai noted certain relevant personal characteristics, including his “severe” “addiction” to “crack cocaine,” his childhood in Vietnam “during the turmoil of war,” and his legitimate work history. The government recommended a sentence of 108-120 months. The district court sentenced Thai to 108 months incarceration with 60 months of supervised release.

On appeal, Thai raises three challenges to his sentence. For the reasons detailed below, we vacate the sentence and remand for resentencing.

Although the district judge stated he had read the sentencing memoranda and heard argument from both Thai’s counsel and the government, the only factors the district court acknowledged at sentencing were Thai’s cooperation, the government’s lenient plea offer, and Thai’s criminal history. Under United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.2006), 18 U.S.C. § 3553 (a) “does not…