UNITED STATES of America, Plaintiff-Appellee, v. Kim Hoa HUYNH, Defendant-Appellant

Good Law
60 F.3d 1386·95 Daily Journal DAR 9551·1995 WL 422135·1995 U.S. App. LEXIS 17479·95 Cal. Daily Op. Serv. 5589
United States Court of Appeals for the Ninth CircuitJuly 19, 199594-30338California1,707 words

Opinion

Opinion

Kim Hoa Huynh appeals her conviction for extortion affecting interstate commerce in violation of the Hobbs Act, 18 U.S.C. § 1951 . We affirm.

I

Huynh was employed as a social worker at the Washington Department of Social and Health Services. State and federal law enforcement officers went to Huynh’s office, informed her that she was under arrest for extortion, advised her of her Miranda rights, and asked her to sign a written Miranda waiver form that advised her of her rights in both English and Vietnamese, Huynh’s first language. Huynh asked the officers to explain what “extortion” meant. They responded that they did not want to talk to her about the charges until she read and signed the form. Huynh then read and signed it. The officers told Huynh several social security applicants had accused her of taking money from them for helping them apply for public assistance. Huynh initially denied the charges but eventually admitted them.

Huynh moved to suppress her statements, offering the testimony of Dr. Paul K. Leung, Associate Director of the Indo-Chinese Psychiatric Program at the Oregon Health Sciences University. Leung testified that Huynh’s childhood experiences in Indochina…

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