United States v. Yu Sung Park

MEMORANDUM

Yu Sung Park (Park) and Vo Duong Tran (Tran) appeal their convictions on four counts: (1) conspiracy to commit a robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951 (a); (2) interstate travel to commit a robbery with a firearm, in violation of 18 U.S.C. § 924 (g); (3) possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924 (c)(1)(A), (B); and (4) possession of a machine gun, in violation of 18 U.S.C. § 922 (o)(l).

1. When the district court “makes a definitive ruling” to admit evidence at trial, there is no need to renew the objection to preserve the claim. United States v. Sepulveda-Barraza, 645 F.3d 1066,1070 (9th Cir.2011), as amended; see also Fed. R.Evid. 103(b). Because the district court made a definitive ruling on the admissibility of the audio recordings, Tran preserved his right to appeal this issue. See id.

2. A party may file a motion to suppress recorded conversations when there was an expectation of privacy and that individual’s privacy right was violated. See United States v. King, 478 F.2d 494, 506 (9th Cir.1973). Because Park was not a party to the recorded conversations, he had no…