United States v. Hoang Kim Vo

MEMORANDUM *

Hoang Kim Vo appeals the 90-month sentence imposed following her guilty plea to one count of conspiracy to import ecstasy in violation of 21 U.S.C. §§ 952 (a), 960(b)(3), and 963. We affirm.

First, there was no impropriety in the Government’s decision not to file a motion for a three-level reduction for acceptance of responsibility under U.S.S.G. § SEl.Rb). 1 Vo’s written plea agreement required no such motion and expressly permitted the Government to reassess Vo’s acceptance of responsibility at sentencing based on her post-plea conduct. The Government’s decision not to file the motion based on Vo’s false statements in her proffers to the Government and in her testimony during her husband’s trials was not arbitrary, made in bad faith, or based on an unconstitutional motive. See United States v. Espinoza-Cano, 456 F.3d 1126, 1136 (9th Cir.2006); United States v. Murphy, 65 F.3d 758, 762 (9th Cir.1995).

Second, given the district court’s detailed analysis of Vo’s relevant conduct, we find no clear error in the finding that Vo was more than a “minor” participant for *474 purposes of denying a two-level reduction under U.S.S.G. § 3B1.2(b). Nor do the district court’s…