United States v. Hien Hai Hoac, United States of America v. Hgai Choy Chan

Hien Hai Hoac and Ngai Choy Chan appeal their convictions and sentences resulting from their participation in a scheme to import what proved to be the largest amount of heroin ever seized in the Central District of California. Both appellants raise a host of procedural and evidentiary issues. Hoac argues that the district court erred by excluding his proffered expert testimony, permitting a prosecutorial closing argument that violated his Fifth Améndment rights, admitting an incriminating statement of Chan’s, and declining to adjust his base offense level downward for being a minor participant. Chan alleges error in the admission of Hoac’s redacted confession, the court’s failure to give a statutorily required instruction on volun- tariness, and the increase of his base offense level for being an organizer, leader, manager, or supervisor. We reject all of these arguments but the last. We therefore affirm both convictions and Hoac’s sentence, but we vacate Chan’s sentence and remand for resentencing.

BACKGROUND

On December 21, 1989, the United States Customs Service intercepted a shipment of 1000 cases of lychee nuts, originating from Hong Kong, at Long Beach Harbor. Eight cases…