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United States v. Zhuang

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Argued: September 20, 2001

Appeal from a judgment of conviction and sentence entered in the United States District Court for the Eastern District of New York (Howard B. Turrentine, Senior District Judge of the Southern District of California, sitting by designation). Affirmed.

Zheng Ji Zhuang (“Zhuang”) appeals from the 169-month sentence of imprisonment imposed by the United States District Court for the Eastern District of New York and entered on October 14, 1994, following a jury trial. Zhuang was convicted of one count of hostage- taking, in violation of 18 U.S.C. � 1203(a), and one count of conspiring to interfere with commerce by extortion, in violation of 18 U.S.C. � 1951(a). He was acquitted of one count of carrying and using a firearm in relation to a crime of violence, in violation of 18 U.S.C. � 924(c). Zhuang appeals on the grounds that the district court judge erred by (1) enhancing the sentence under U.S.S.G. � 2B3.2(b)(2) on the basis that the extortion demand exceeded $50,000, notwithstanding his ultimate agreement to take considerably less; and (2) by refusing to grant a two- level adjustment for acceptance of responsibility under U.S.S.G. � 3E1.1, a ruling Zhuang attributes to his refusal to plead guilty to the count of the indictment as to which he was acquitted. Finally, Zhuang seeks to preserve any claims he might have in the future under the Supreme Court’s holding in Apprendi v. New Jersey, 530 U.S. 466 (2000).

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