United States v. Kim Tae Sung

Kim Tae Sung was convicted of selling imitation hair care products with counterfeit trademarks, in violation of 18 U.S.C. § 2320(a). Last year we affirmed this conviction but remanded for resentencing. 51 F.3d 92 (7th Cir.1995). The district court treated Kim as responsible for $960,000 of counterfeit goods, on the theory that he had purchased 20,000 cartons, enough to hold 240,000 bottles, at a retail price of $4 per bottle. Yet the record shows that Kim actually filled no more than 17,600 bottles, placing an upper bound of $70,400 on infringing sales, and lacked supplies essential to…