United States v. Kenneth Kang

FILED
NOT FOR PUBLICATION JAN 28 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10567
Plaintiff - Appellee, D.C. No. 1:12-cr-00042-FMTG
v.
MEMORANDUM*
KENNETH HUIDONG KANG,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Guam
Frances M. Tydingco-Gatewood, Chief Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Kenneth Huidong Kang appeals from the district court’s judgment and
challenges the six-month sentence imposed following his guilty-plea conviction for
criminal conspiracy, in violation of 18 U.S.C. §§ 2 and 371, and harboring illegal
aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii) and (a)(1)(B)(i). We have
*
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).
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Kang argues that the district court erred by denying his request for a three-
level mitigating role adjustment under U.S.S.G. § 3B1.2. We review a district
court’s determination that a defendant did not have a mitigated role for clear error.
See United States v. Rosas, 615 F.3d 1058, 1066 (9th Cir. 2010). In light of the
facts, including the length of Kang’s involvement in the conspiracy and his
harboring of illegal aliens in his own home, the district court did not clearly err in
denying the adjustment. See id. at 1067-68.
AFFIRMED.
2 14-10567