United States of America v. Sung O. Kwon

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SUNG O. KWON,
Defendant - Appellant.
No. 13-10229
D.C. No. 1:12-cr-00041-FMTG
MEMORANDUM*
Appeal from the United States District Court
for the District of Guam
Frances Tydingco-Gatewood, Chief Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Sung O. Kwon appeals from the 37-month sentence imposed following his
guilty-plea conviction for importation of methamphetamine hydrochloride, in
violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
FEB 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Kwon contends that the district court erred by granting a two-level role
adjustment rather than a three- or four-level adjustment under U.S.S.G. § 3B1.2.
We review for clear error. See United States v. Tankersley, 537 F.3d 1100, 1110
(9th Cir. 2008). The district court did not clearly err because the record reflects
that Kwon was entrusted with a substantial amount of methamphetamine, and he
traveled from the Philippines to Guam on three occasions as a part of the criminal
enterprise. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.
2011).
AFFIRMED.
13-10229 2

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