Le

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1495 D.C. No. Plaintiff - Appellee, 2:99-cr-00433-

WBS-AC-

v.

HOANG AI LE, OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding

Argued and Submitted August 23, 2024 San Francisco, California

Filed October 22, 2024

Before: Marsha S. Berzon, Daniel A. Bress, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Bress; Dissent by Judge Berzon SUMMARY*

Criminal Law

The panel affirmed the sentence imposed on Hoang Ai Le, whom a jury convicted of Hobbs Act conspiracy and a related firearm offense, in a case in which Le and a team of co-conspirators decided to steal computer chips from Diamond Flower Electric Instruments (“DFI”). The conspirators divided into two teams. The first team, or “entry” team, was to invade the private home of the owner of DFI, who was believed to possess the alarm codes to the business. Once the codes were obtained, a second team, led by Le, would go to DFI, access the…