United States v. Wai Chong Leung

A jury convicted Defendant-Appellant Wai Chong Leung (‘Wai Chong”) of importation of heroin and four counts of conspiracy to import and distribute heroin. The district court sentenced Wai Chong to 360 months in prison and five years supervised release. On appeal, Wai Chong contends that there was insufficient evidence to convict him, and that the district court erred in finding that he was an “organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive” within the meaning of U.S.S.G. § 3Bl.l(a). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On December 21, 1989, U.S. Custom Service Agents intercepted a shipment of 1000 cases of lychee nuts at Long Beach Harbor. The shipment originated in Hong Kong. Eight cases were specially marked with the number “8”; these cases were found to contain a total of approximately 55.74 kilograms of heroin with a purity level of 77 percent. The heroin valued at $179,000,000, is the largest amount ever seized in the Central District of California.

The agents arrested Wai Chong’s code-fendant, Hien Hai Hoac (“Hoac”), who agreed to…