United States v. David Chi Ping Leung

ORDER

David Leung was convicted of possession with intent to distribute methylenedi-oxy-methamphetamine (“Ecstacy”) in violation of 21 U.S.C. § 841 (a)(1), and was sentenced to a term of imprisonment of 151 months. Leung appealed the admission of expert testimony regarding unknowing couriers, the admission of his post-arrest statements, the district court’s refusal to give a “mere presence” instruction to the jury, the sufficiency of the evidence, and the denial of a sentencing adjustment. We affirmed Leung’s convic tion and sentence in a memorandum disposition. United States v. Leung, 95 Fed. Appx. 876 (9th Cir.2004). The Supreme Court vacated that disposition and remanded to this court in light of United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Leung v. United States , — U.S. -, 125 S.Ct. 1046 , 160 L.Ed.2d 992 (2005). We now reaffirm Leung’s conviction for the reasons stated in our original disposition. See Leung, 95 Fed.Appx. at 876 . We grant a limited remand to allow the district court to determine “whether the sentence imposed would have been materially different had the district court known that the sentencing guidelines were advisory.” United…