United States v. Khung Chang Kang

On February 1, 1999, Khung Chang Kang was charged with alien smuggling, in violation of 8 U.S.C. § 1324. On September 20, 1999, Kang waived indictment and, pursuant to a plea agreement, entered a guilty plea to a violation of 8 U.S.C. § 1324(a)(l)(A)(ii). Before Kang was sentenced, the district court held an evidentia-ry hearing to determine whether, as the government contended, Kang’s offense level should be increased under § 2Ll.l(b)(5) of the United States Sentencing Guidelines because Kang’s offense “involved intentionally or recklessly creating a substantial risk of death or serious…