United States v. Tony Si

Tony Si was convicted and sentenced for (1) conspiracy to commit a robbery that affects interstate commerce in violation of the Hobbs Act, 18 U.S.C. § 1951 (a), and (2) use of a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924 (c).

Si alleges that he was denied a fair trial because (1) a Chinese translator was not appointed for him; (2) there was a Brady violation that resulted from the district court’s reversal of the magistrate judge’s discovery order requiring the government to produce information on an informant’s activities; (3) the evidence was insufficient to sustain his convictions; (4) he was entrapped as a matter of law; (5) the supplemental jury instructions omitted an essential element of the offense; and (6) the district court erred in imposing upward adjustments to his sentence.

We have jurisdiction and we affirm the district court’s judgment and sentence.

I

In November 1998, Si unexpectedly ran into an acquaintance, Han Tsai “Jake” Hsi-ung (“Hsiung”), at a Ranch 99 supermarket in San Jose, California. Unbeknownst to Si, Hsiung was working as an FBI informant at that time. Si told Hsiung that he had heard that Hsiung was…