United States v. Xue Fei Lin

These appeals challenge convictions and sentences imposed as a result of a brutal kidnapping of illegal Chinese immigrants for the purpose of extorting money from the victims’ families in the People’s Republic of China. Xue Fei Lin (“Fei Lin”) (96-30237), Min Shun Hu (“Hu”) (96-30238), Jian Li Lin (“Li Lin”) (96-30239), and Tien Sin Jiang (“Jiang”) (96-30240) all appeal their convictions and sentences imposed for one count of conspiracy ( 18 U.S.C. § 371 ), three counts of *1305 hostage taking ( 18 U.S.C. §§ 2 , 1203), and three counts of making ransom demands ( 18 U.S.C. §§ 2 , 875(a)).

In this opinion we consider their contentions that raise the most significant legal issues regarding jury instructions and the burden of proof on the substantive counts. We deal separately, in an accompanying Memorandum Disposition, with their remaining contentions and those of codefendant Ching Lin who pleaded guilty.

The issues we deal with here principally concern the appellants’ defense of duress. Appellants maintain that they were forced to participate in the kidnapping and torture under threat of murder to themselves and their families in China. The district court instructed the jury on…