United States v. Wei Lin
2016 U.S. App. LEXIS 20412
| 9th Cir. | 2016Background
- Wei Lin pled guilty to conspiracy to commit sex trafficking (18 U.S.C. § 1594(c)); substantive § 1591(a) counts (which carry a 15‑year mandatory minimum under 18 U.S.C. § 1591(b)(1) when certain aggravating conduct is present) were dismissed in the plea agreement.
- The district court applied U.S.S.G. § 2G1.1(a)(1), setting a base offense level of 34, reasoning that Lin’s underlying conduct would have been punishable under § 1591(b)(1).
- Lin argued his counsel had advised a base level of 14 and moved to withdraw his plea after the court indicated it would use level 34; the district court denied the withdrawal and sentenced Lin to 235 months’ imprisonment.
- Lin appealed, challenging (1) the Guideline base offense level calculation, (2) denial of plea-withdrawal (if level 34 were correct), and (3) substantive reasonableness of the sentence.
- The Ninth Circuit reviewed guideline interpretation de novo and focused on whether § 2G1.1(a)(1) applies when a defendant is not subject to § 1591(b)(1)’s 15‑year mandatory minimum.
- The panel concluded the district court erred in using the 34 base level because § 2G1.1(a)(1) applies only when the defendant is subject to the § 1591(b)(1) mandatory minimum; it vacated the sentence and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument (U.S.) | Defendant's Argument (Lin) | Held |
|---|---|---|---|
| Whether § 2G1.1(a)(1)’s base offense level 34 applies when the defendant pleaded to § 1594(c) (no mandatory minimum) but underlying conduct would fall under § 1591(b)(1) | The guideline applies based on underlying conduct; courts should identify the offense "by conduct," so 34 is appropriate | § 2G1.1(a)(1) applies only when the defendant is actually subject to § 1591(b)(1)’s 15‑year mandatory minimum; here Lin was not so subject, so base level is 14 | The court held § 2G1.1(a)(1) applies only when the defendant is subject to the § 1591(b)(1) mandatory minimum; district court erred applying level 34 |
Key Cases Cited
- United States v. Todd, 627 F.3d 329 (9th Cir. 2010) (§ 1591(b) describes penalties, not a separate offense)
- United States v. Rivera, 527 F.3d 891 (9th Cir. 2008) (de novo review of guideline interpretation)
- United States v. Munoz-Camarena, 631 F.3d 1028 (9th Cir. 2011) (harmless‑error principles in sentencing guideline errors)