United States of America v. Gong Kim

* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Donald W. Molloy, United States District Judge for
the District of Montana, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GONG KIM,
Defendant - Appellant.
No. 11-30021
D.C. No. 3:10-cr-00025-HA-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Ancer L. Haggerty, Senior District Judge, Presiding
Argued and Submitted January 12, 2012
Seattle, Washington
Before: O’SCANNLAIN and RAWLINSON, Circuit Judges, and MOLLOY,
District Judge. **
Gong Kim pled guilty to one count of exporting munitions without a license
in violation of 22 U.S.C. § 2778. On appeal, Kim argues that the district court
FILED
JAN 18 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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should have found a base offense level of 14 because his offense “involved only
non-fully automatic small arms (rifles, handguns, or shotguns), and the number of
weapons did not exceed ten.” United States Sentencing Guidelines § 2M5.2(a)(2).
The district court correctly found a base offense level of 26 because Kim
exported gun parts, which are not “non-fully automatic small arms” within the
definition of section 2M5.2(a)(2). See United States v. Carper, 659 F.3d 923,
924–25 (9th Cir. 2011). Moreover, Kim’s offense involved enough parts to service
more than ten weapons.
AFFIRMED.

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