United States v. John Luong

FILED

NOT FOR PUBLICATION

MAY 25 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 18-16369

Plaintiff-Appellee, D.C. Nos. 4:16-cv-03400-JSW 4:96-cr-00094-JSW-1 v.

JOHN THAT LUONG, AKA Cuong Quoc MEMORANDUM* Dao, AKA John Dao, AKA Duong, AKA Johnny, AKA That Luong, AKA Ah Sing, AKA Ah Sinh, AKA Thang, AKA Thanh, AKA Tony,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Submitted May 18, 2022** Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: LEE and BRESS, Circuit Judges, and FITZWATER,*** District Judge.

John That Luong (“Luong”) appeals the denial of his motion under 28 U.S.C.

§ 2255 to vacate, set aside, or correct his 18 U.S.C. § 924(c) convictions and

sentences. We have jurisdiction…