United States v. Thongsouk Theng Lattanaphom

*1159 MEMORANDUM AND ORDER RE: DEFENDANTS’ MOTION TO DISMISS COUNTS TWO, THREE, FIVE. SEVEN, AND NINE

Defendant Thongsouk Theng “Kevin” Lattanaphom moves to dismiss counts two, three, seven, and nine of the Indictment in this action pursuant to a recent Supreme Court decision, Johnson v. United States, — U.S. -, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015). (Docket No. 1646.) Defendant Minh Huynh joined in this motion and additionally asks the court to dismiss count five — a count on which Huynh, but not Lattanaphom, was convicted. (Docket Nos. 1648, 1657.)

I. Factual & Procedural History

The government charged Lattanaphom, Huynh, and several other defendants with conspiracy to commit a robbery affecting interstate commerce, 18 U.S.C. § 1951 (a) (counts one, four, six, and eight); use of a firearm during a crime of violence, 18 U.S.C. § 924 (c) (counts two, five, seven, and nine); and death caused by use of a firearm during a crime of violence and aiding and abetting, then-numbered 18 U.S.C. §§ 924 (i)(l)-(2) (count three). (Indictment (Docket No. 1).) Lattanaphom was not charged with counts four or five. A jury found defendants guilty of all charges. (See Docket Nos. 1413, 1525.)…