United States v. Tong Park, 373 F. App'x 463 (5th Cir. 2010). · Go Syfert
United States v. Tong Park, 373 F. App'x 463 (5th Cir. 2010). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Cited for
At page 464 cy to traffic in counterfeit goods and trafficking in counterfeit goods. She argues that (1) the district court misapplied U.S.S.G § 2B5.3 and (2) her…1 citing caseopening of page *464 (no citing court says what it cites this page for)
  • United States v. Trang Doan Hoang, 536 F. App'x 583 (6th Cir. 2013).unpublished
    Similarly, the Fifth Circuit affirmed the district court’s use of the retail value of the infringed items “[biased on expert testimony that the infringing items would have appeared to a reasonably informed purchaser to be identical or subs…
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UNITED STATES of America, Plaintiff-Appellee
v.
Tong C. PARK, Defendant-Appellant
09-50325.
Court of Appeals for the Fifth Circuit.
Apr 12, 2010.
Unpublished opinion
373 F. App'x 463
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee., Donna F. Coltharp, Henry Joseph Bem-porad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
Reavley, Davis, Haynes.
Cited by 2 opinions  |  Unpublished
PER CURIAM: *

Tong C. Park appeals the sentence imposed following her guilty jalea to conspira[*464] cy to traffic in counterfeit goods and trafficking in counterfeit goods. She argues that (1) the district court misapplied U.S.S.G § 2B5.3 and (2) her within-guidelines sentence was substantively unreasonable. We affirm.

We review de novo the district court’s interpretation and application of the Sentencing Guidelines and review its factual findings for clear error. United States v. Yi, 460 F.3d 623, 635 (5th Cir.2006). Based on expert testimony that the infringing items would have appeared to a reasonably informed purchaser to be identical or substantially equivalent to the infringed items, the record supports a conclusion that the district court did not clearly err in using the retail value of the infringed items to calculate Park’s offense level. See § 2B5.3, cmt. (n.2(A)(i)); see United States v. Jackson, 453 F.3d 302, 308 n. 11 (5th Cir.2006).

We review the substantive reasonableness of Park’s sentence for an abuse of discretion. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). A discretionary sentence imposed within a properly calculated guidelines range is presumptively reasonable. Rita v. United States, 551 U.S. 338, 347, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). The district court refused to consider a downward variance from the advisory range because Park had failed to heed repeated warnings by law enforcement regarding her trafficking in counterfeit goods. See 18 U.S.C. § 3553(a)(2)(A). “[T]he sentencing judge is in a superior position to find facts and judge their import under § 3553(a) with respect to a particular defendant.” United States v. Campos-Maldonado, 531 F.3d 337, 339 (5th Cir.), cert. denied, — U.S.-, 129 S.Ct. 328, 172 L.Ed.2d 236 (2008). Park’s disagreement with the propriety of the sentence imposed does not suffice to rebut the presumption of reasonableness that attaches to a within-guidelines sentence. Cf. United States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir.), cert. denied, — U.S.-, 129 S.Ct. 624, 172 L.Ed.2d 617 (2008); United States v. Rodriguez, 523 F.3d 519, 526 (5th Cir.), cert. denied, — U.S.-, 129 S.Ct. 624, 172 L.Ed.2d 616 (2008).

AFFIRMED.

*

Pursuant to 5tu Cut. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5tii Cir R. 47.5.4.