United States v. Long Son Nguyen, Also Known as Larry Nguygen
Docket: 94-3647
Court: Court of Appeals for the Eighth Circuit; April 12, 1995; Federal Appellate Court
Long Son Nguyen appeals the denial of a two-level reduction in his base offense level for acceptance of responsibility under Sec. 3E1.1 of the United States Sentencing Guidelines. The appeal stems from his arrest on March 8, 1994, alongside Thu Van Le, for using counterfeit credit cards at a Kansas City K-Mart. Nguyen was found with counterfeit cards and merchandise totaling $22,266.34 purchased with these cards. After his arrest, he confessed to a scheme involving the purchase of multiple counterfeit credit cards from an individual named Phung, intending to resell the goods in Houston.
Nguyen was charged with conspiracy and multiple counts of using counterfeit credit cards. He signed a plea agreement on May 24, 1994, agreeing to plead guilty to one count in exchange for a two-level reduction for acceptance of responsibility. Initially, a pre-sentence report supported the reduction, establishing a total offense level of ten. However, on July 25, 1994, it was revealed that Nguyen had been arrested in Omaha, Nebraska, related to new charges involving counterfeit credit cards. Surveillance indicated Nguyen was involved in purchasing merchandise with counterfeit cards in Omaha, undermining his claim of acceptance of responsibility. The Eighth Circuit Court affirms the district court's decision denying the reduction.
On July 21, 1994, Nguyen and two others were arrested while attempting to leave an Omaha mall. Subsequently, he was charged in the U.S. District Court for the District of Nebraska with conspiracy to use a counterfeit credit card. Following this, the Probation Office for the Western District of Missouri submitted an addendum to the Presentence Report (PSR) on July 29, 1994, which included the new charge and recommended denying Nguyen a two-level reduction for acceptance of responsibility. The district court accepted this recommendation, setting Nguyen's total offense level at twelve, resulting in a sentence of sixteen months incarceration, three years of supervised release, and an obligation to pay $9,107.61 in restitution along with a $50.00 special assessment. Nguyen appealed the denial of the two-point reduction, claiming he had acknowledged the facts of the case and the illegality of his actions. The court, granting deference to the district court's decision, noted that a guilty plea does not automatically entitle a defendant to the reduction, especially if their behavior contradicts acceptance of responsibility. Nguyen's continued criminal activity while on bond was seen as inconsistent with contrition. The court referenced several precedents where similar behavior led to the denial of acceptance-of-responsibility reductions. Ultimately, the court found no clear error and affirmed the district court's sentence.
