United States of America v. Kwan Yong Choi

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KWAN YONG CHOI,
Defendant - Appellant.
No. 14-10376
D.C. No. 1:10-cr-00206-AWI
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Kwan Yong Choi appeals from the district court’s judgment and challenges
the 36-month sentence imposed following his guilty-plea convictions for money
laundering and aiding and abetting, in violation of 18 U.S.C. §§ 1956(a)(1) and 2.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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).
FILED
JUN 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10376
Choi contends that the district court procedurally erred by failing to explain
adequately the extent of its downward departure under U.S.S.G § 5K2.23. We
review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103,
1108 (9th Cir. 2010), and find none. The record, taken as a whole, reflects that
the district judge “considered the parties’ arguments and [had] a reasoned basis for
exercising his own legal decisionmaking authority.” Rita v. United States, 551
U.S. 338, 356 (2007).
Choi further contends that his sentence is substantively unreasonable in light
of the alleged procedural error and his having already been punished for the
underlying criminal conduct in South Korea. The district court did not abuse its
discretion in imposing Choi’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The sentence is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including Choi’s
criminal history in Korea and the substantial financial and emotional impact of his
crime on the victims. See Gall, 552 U.S. at 51.
AFFIRMED.

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