United States of America v. Yong Sang Kim

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
EH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
YONG SANG KIM,
Defendant - Appellant.
No. 09-10088
D.C. No. 1:07-CR-00541-HG
MEMORANDUM *
Appeal from the United States District Court
for the District of Hawaii
Helen Gillmor, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Yong Sang Kim appeals from the 36-month sentence imposed following his
guilty-plea conviction for conspiracy to operate an illegal gambling business,
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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operating an illegal gambling business, and conspiracy to commit money
laundering, in violation of 18 U.S.C. §§ 371, 1955 and 1956(a)(1)(A)(I). We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Kim contends that the district court procedurally erred by failing to give an
adequate statement of reasons for the sentence imposed and by failing to consider
all relevant factors listed in 18 U.S.C. § 3553(a). Kim also contends that his
sentence is substantively unreasonable because it is greater than necessary to
comport with the goals of sentencing. The record demonstrates that the district
court thoroughly explained its reasons for the sentence in light of the 18 U.S.C.
§ 3553(a) sentencing factors, and that given the totality of the circumstances, the
sentence imposed is substantively reasonable. See United States v. Carty, 520 F.3d
984, 991-93 (9th Cir. 2008) (en banc); see also United States v. Mohamed, 459
F.3d 979, 988-89 (9th Cir. 2006).
AFFIRMED.

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