United States v. Hung Van Tieu

MEMORANDUM

A jury found Hung Van Tieu guilty of one count of conspiracy to commit access-device fraud, in violation of 18 U.S.C. § 1029 (b)(2); two counts of access-device fraud, in violation of 18 U.S.C. §§ 1029 (a)(2) and 2(a); and one count of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(l) and 2(a). We have jurisdiction over Tieu’s appeal pursuant to 28 U.S.C. § 1291 . We vacate Tieu’s convictions and remand for a new trial.

During the trial, on direct examination, Tieu’s attorney questioned him regarding some of his actions that were not charged in the indictment. The district judge twice admonished the attorney “not to lead the witness” and once not to repeat Tieu’s testimony. Despite these admonishments, Tieu’s attorney continued to ask leading questions and repeat Tieu’s testimony. Immediately thereafter, the district judge interrupted the attorney to hold a sidebar, during which the judge told the attorney: “I am just advising you on your questions and your statements to the witness before the questions. You are now abetting in perjury.” Tieu’s attorney ceased his direct examination of Tieu and unsuccessfully moved for a mistrial. The attorney…