United States v. Ching Tang Lo, AKA Jeff Lo, United States of America v. Ching Tang Lo, AKA Jeff Lo

The Government appeals the district court’s order granting defendant Ching Tang Lo’s motion for acquittals on a charge of possessing ephedrine, a listed chemical used to manufacture methamphetamine, and a related money laundering charge. Lo contends that this court does not have jurisdiction to consider this appeal and that there was insufficient evidence to support the verdicts. We hold that we do have jurisdiction to consider the Government’s appeal and that there was sufficient evidence to support the jury’s verdicts. We therefore reverse the district court’s order granting the acquittals.

Lo cross-appeals the district court’s denial of his motion for a judgment of acquittal on the, charge of conspiracy. He contends that the district court erred by denying the motion because the jury acquitted Leslie Kuan, the only other charged co-conspirator, and because there was no evidence that he conspired with anyone besides government agents. We hold that there was sufficient evidence that Lo conspired with Kuan to achieve all four of the charged objects of the conspiracy and that Lo’s conviction may be based on this evidence even though the jury acquitted Kuan of conspiracy.

We also…