By Gina Tabonares
Variety News Staff

THE U.S. Attorney’s Office insists on its recommendation to put a man behind bars for at least 24 years for his big participation in a drug trafficking ring that brought at least 500 grams of methamphetamine or “ice” to Guam.
In a reply to the objection of the defense lawyer to the pre-sentence report for the conviction of Duh Wan Kim, Assistant U.S. Attorney Karon Johnson said the convicted defendant has a total offense level of 38 with a term of 235-293 months of incarceration.
Johnson said Kim did not meet the standards for the safety valve and should not receive the two-level reduction as suggested by his counsel, Louie J. Yanza.
Yanza earlier objected to the pre-sentence investigation report, saying that the U.S. Probation Office did not provide for a decrease in the base offense level for Kim’s minimal participation in the criminal activity.
The defense lawyer said that based on the defendant’s role, his base level should be decreased by four levels.
Yanza also argued that there was no evidence before the court that the defendant was the drug leader or an organizer of the crime.
In an earlier appeal he filed before the U.S. District Court of Guam, Yanza said there was no sufficient evidence presented to prove that the defendant was in possession of 500 grams of “ice.”
Kim, who was charged with one count of attempted possession with the intent to distribute 500 grams of methamphetamine, was found guilty on Nov. 7 after a four-day jury trial.
He was arrested after the U.S. Drug Enforcement Administration Guam Resident Office was advised by agents of their Seoul counterparts that a Korean confidential intelligence source said that a suitcase containing approximately 500 grams of methamphetamine had been provided to two undercover couriers at the Incheon International Airport in Korea.
According to government lawyers, the pre-sentence report did not recommend an adjustment for acceptance of responsibility because Kim maintained he is innocent of the offense.
Johnson also said Kim has not provided any information to federal agents concerning the drug trafficking ring of which he was a member.
Investigation showed that Korean authorities provided information to U.S. federal agents and identified some of the main organizers of the drug syndicate.
Two of the syndicate leaders, Man Kwan Lee and Chong Ho Choi, were arrested at the same time as the defendant on Guam and both immediately agreed to cooperate.
Choi had asked the Korean informant, Sun Ho Park, to find two couriers to deliver a half-kilo of “ice” to Guam.
Defendant was to provide counter-surveillance on the flight. After the couriers had cleared the airport, he was to retrieve the suitcase and deliver it to the organization’s main distributor on Guam, Young Sik Kim.
Choi said he gave defendant 500 grams of “ice” which he and the informant Park took to the Incheon airport.
Yanza, however, argued that the only evidence presented was that Kim went to the Holiday Inn to pick up a luggage and the government did not prove that his client had knowledge or believed there was illegal substance in the luggage.
He said the government also failed to prove the quantity of “ice” involved and nowhere in the government evidence had anyone testified the defendant admitted to knowing that there were drugs in the suitcase.
During the trial, the government presented a surveillance video where Kim is seen and heard speaking in the Korean language with two Holiday Inn occupants concerning the defendant picking up the luggage.
The defense lawyer said a transcript of the audible portions was provided but nowhere in the transcripts were the words methamphetamine hydrochloride ever discussed and nowhere in the transcripts was the quantity of “ice” ever discussed.
“How can the jury find the defendant had knowledge that methamphetamine hydrochloride was in the luggage when other drugs could have been there, too? The jury speculated methamphetamine hydrochloride was involved only because the background evidence was admitted,” Yanza said.