United States v. Yasith Chhun

ORDER DENYING DEFENDANT CHHUN’S MOTION FOR ORDER DISMISSING COUNTS TWO AND THREE OF THE FIRST SUPERSEDING INDICTMENT ON THE GROUND THAT THE UNITED STATES WAS NOT “AT PEACE” WITH CAMBODIA

This matter comes before the Court on Defendant Chhun’s Motion to Dismiss Counts Two and Three of the First Superseding Indictment on the Ground That the United States was not “At Peace” With Cambodia. After reviewing the papers submitted by the parties, the Court denies the motion.

I. BACKGROUND

The indictment for the following charges arises from Defendant Chhun’s alleged involvement in the failed coup attempt against the Cambodian government on November 24, 2000. Count Two of the First Superseding Indictment charges Defendant Chhun under 18 U.S.C. § 956 (b) with conspiracy to damage or destroy property in a foreign country with which the United States is “at peace.” Count Three of the First Superseding Indictment charges Defendant Chhun with a violation of 18 U.S.C § 960 for conspiracy to take part in a military expedition against a foreign state with which the United States is “at peace.” Defendant argues that Counts Two and Three should be dismissed because the United States was not “at…