United States v. Biao Huang
2012 U.S. App. LEXIS 16480
9th Cir.2012Background
- Huang pled guilty to conspiracy and possession with intent to distribute methamphetamine; district court sentenced him to 135 months.
- Huang appeals on grounds of sentencing entrapment, the § 2D1.1(b)(5) importation enhancement, and substantive reasonableness.
- DEA confidential source and Huang’s co-defendant Lian engaged in controlled buys, culminating in a 900-gram sale arranged by Lian and Huang; Huang acceded to the larger sale.
- Lian cooperated with the government and received 135 months; Huang did not cooperate and received the same sentence.
- PSR set offense level 37 (210–262 months range); district court applied entrapment denial and the § 2D1.1(b)(5) enhancement; Huang received 135 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Huang was the victim of sentencing entrapment. | Huang argues predisposition to smaller crimes was exploited for larger. | Huang contends government induced larger sale despite predisposition. | No sentencing entrapment; Huang lacked proof of predisposition to only smaller crimes. |
| Whether § 2D1.1(b)(5) imports enhancement requires personal importation by defendant. | Huang contends enhancement applies only if he personally imported. | Government need show drugs were imported, not that Huang personally imported. | Applicable; drugs imported from China, and Huang knew origin; enhancement upheld. |
| Whether the sentence is substantively reasonable given co-defendant Lian’s cooperation. | Huang asserts equal sentence with non-cooperating co-defendant is unreasonable. | Co-defendant cooperated; Huang did not; different sentencing rationales. | Reasonable under 3553(a); disparity warranted by cooperation differences. |
Key Cases Cited
- Mejia v. United States, 559 F.3d 1113 (9th Cir. 2009) (sentencing entrapment standard; burden on defendant; predication proof)
- Schafer v. United States, 625 F.3d 629 (9th Cir. 2010) (outrageous official conduct standard for entrapment)
- Staufer v. United States, 38 F.3d 1103 (9th Cir. 1994) (entrapment considerations in predication)
- Naranjo v. United States, 52 F.3d 245 (9th Cir. 1995) (predisposition and drug dealing factors)
- McClelland v. United States, 72 F.3d 717 (7th Cir. 1995) (factors for predisposition; reluctance as key factor)
- Wipf v. United States, 620 F.3d 1168 (9th Cir. 2010) (proper handling when statutory minimum applies; no below-minimum departure)
- Rodriguez v. United States, 666 F.3d 944 (5th Cir. 2012) (importation-related interpretation of § 2D1.1(b)(5))
- Perez-Oliveros v. United States, 479 F.3d 779 (11th Cir. 2007) (importation enhancement scope beyond personal importation)