Opinion
No. 11-30021 D.C. No. 3:10-cr-00025-HA-1
01-18-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GONG KIM, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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.
The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation.
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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 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.