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U.S. v. KIM

No. 93-3219.

23 F.3d 513 (1994)

UNITED STATES of America, Appellee, v. Ung KIM, a/k/a Steve Kim, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1994.

Attorney(s) appearing for the Case

Barry L. Leibowitz, Rockville, MD, argued the cause, and filed the brief, for appellant.

Cynthia D. Walicki-Chan, Asst. U.S. Atty., Washington, DC, argued the cause, for appellee. With her on the brief, were Eric H. Holder, Jr., U.S. Atty., and Blanche L. Bruce, John R. Fisher, and Thomas J. Tourish, Jr., Asst. U.S. Attys, Washington, DC.

Before: SILBERMAN, WILLIAMS, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellant, a mortgage broker who pled guilty to submitting a false bank loan application, challenges the district court's two-level upward adjustment under the U.S. Sentencing Guidelines for more than minimal planning. Because the district court's determination was within its authority, we affirm.

I.

In the fall of 1990, Mr. Sung Joon Ham approached appellant...

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