Summary
The Ninth Circuit held that U.S.S.G. § 2G1.1(a)(1), which provides a base offense level of 34 for sex trafficking offenses subject to 18 U.S.C. § 1591(b)(1)'s fifteen-year mandatory minimum, did not apply to Wei Lin's conviction for conspiracy to commit sex trafficking under 18 U.S.C. § 1594(c). The court reversed the base offense level determination, vacated Lin's sentence, and remanded for resentencing.
Topics
Practice areas
Questions Presented
- Whether U.S.S.G. § 2G1.1(a)(1), which establishes a base offense level of 34 when the offense of conviction is 18 U.S.C. § 1591(b)(1), applies to a defendant convicted of conspiracy under 18 U.S.C. § 1594(c) who was not subject to § 1591(b)(1)'s fifteen-year mandatory minimum.
- Whether the district court's erroneous base-offense-level calculation required reversal and resentencing.
- Whether Lin's motion to withdraw his guilty plea and his substantive-reasonableness challenge remained necessary to decide after the sentence was vacated.
Holdings
- U.S.S.G. § 2G1.1(a)(1)'s base offense level of 34 applies only to defendants subject to the fifteen-year mandatory minimum sentence under 18 U.S.C. § 1591(b)(1). It does not apply to a defendant convicted of conspiracy to commit sex trafficking under 18 U.S.C. § 1594(c) who was not subject to that mandatory minimum.
- The district court's erroneous application of the base offense level of 34 was not harmless and required reversal of the base-offense-level determination, vacatur of the sentence, and remand for resentencing.
Key quotations
“In sum, common sense, the plain language of the guidelines, and the Sentencing Commission’s commentary, all show that U.S.S.G. § 2G1.1(a)(1) only applies to defendants who are subject to a fifteen-year mandatory minimum sentence under 18 U.S.C. § 1591(b)(1).” (841 F.3d at 828)
“Since Lin was not subject to 18 U.S.C. § 1591(b)(1)’s mandatory minimum, the district court erred in applying U.S.S.G. § 2G1.1(a)(1) to Lin.” (841 F.3d at 828)
Factual background
Wei Lin was charged with conspiracy to commit sex trafficking under 18 U.S.C. § 1594(c) and with several substantive sex-trafficking offenses under 18 U.S.C. § 1591(a). He pleaded guilty to the conspiracy count, which carried no mandatory minimum, while the substantive counts carrying fifteen-year mandatory minimums were dismissed. The district court applied a base offense level of 34 under U.S.S.G. § 2G1.1(a)(1), although Lin was not subject to the fifteen-year mandatory minimum in 18 U.S.C. § 1591(b)(1), and sentenced him to 235 months.
Procedural history
The district court for the District of the Northern Mariana Islands determined that Lin's base offense level was 34 because the conduct underlying his conspiracy conviction involved conduct that would have been punishable under 18 U.S.C. § 1591(b)(1). The court denied Lin's motion to withdraw his guilty plea and imposed a 235-month sentence. The Ninth Circuit held that the base offense level was incorrectly calculated, reversed the base-offense-level determination, vacated the sentence, and remanded for resentencing.
Remand instructions
Reverse the district court's base offense level determination, vacate Lin's sentence, and remand for resentencing using the correct Guidelines calculation, including the applicable base offense level under U.S.S.G. § 2G1.1(a)(2).