United States v. Chan Yu-Chong, United States of America v. Men-Sing Loo, United States of America v. Sui-Man Tse
Opinion
Opinion
Farris, J.
Chan Yu-Chong, Men-Sing Loo, and Sui-Man Tse appeal their convictions and sentences. Loo and Tse dispute the constitutionality of the sentencing scheme of 21 U.S.C. § 841 (b)(1)(A) as applied to them. Chan argues that section 841 does not apply to him as a matter of statutory interpretation. Loo claims that his right to a fair trial was violated by the government’s comment on his failure to testify and by the introduction of evidence of prior criminal activity by him.
The district court had jurisdiction pursuant to 18 U.S.C. § 3231 (1988). We have jurisdiction pursuant to 28 U.S.C. § 1291 (1988). The notices of appeal were properly filed within ten days of the district court’s judgment and commitment, pursuant to Fed.R.App.P. 4(b).
We affirm.
FACTS
In late February of 1989, the Drug Enforcement Administration’s informant, Tommy Yuen, began acting as a liaison between Loo and a California heroin buyer. No sale occurred, apparently because of a disagreement about price. In mid-April, Loo introduced Yuen to Tse, a supplier from New York with twelve pounds of heroin to sell, and asked Yuen to contact the California buyer. Yuen was unable to do so, but the DEA decided to continue…