United States v. Johnny Zin Chan, AKA Ah-Sing

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Johnny Zin CHAN, aka Ah-Sing, Defendant-Appellant. No. 93-50481. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1994. * Decided April 20, 1994. Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Johnny Zin Chan was found guilty of extortion. 18 U.S.C. Sec. 1951 . He was then sentenced to 46 months in prison. He appeals his conviction, which he says was supported by insufficient evidence, and his sentence, which he says was under the wrong Guideline section, subjected him to double counting, and deprived him of a reduction for acceptance of responsibility. We affirm. 3 (1) The Conviction. 4 "A defendant is entitled to a judgment of acquittal if the evidence produced against him is insufficient to sustain a conviction." United States v. Talbert, 710 F.2d 528, 530 (9th Cir.1983), cert. denied, 464 U.S. 1052 , 104 S.Ct. 733 , 79…