On February 1, 1999, Khung Chang Kang was charged with alien smuggling, in violation of 8 U.S.C. § 1324. On September 20, 1999, Kang waived indictment and, pursuant to a plea agreement, entered a guilty plea to a violation of 8 U.S.C. § 1324(a)(1)(A)(ii). Before Kang was sentenced, the district court held an evidentiary hearing to determine whether, as the government contended, Kang's offense level should...
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