United States v. Quang Le Phan

MEMORANDUM *

Quang Le Phan (“Phan”) appeals his conviction and sentence for knowing possession of counterfeit securities under 18 U.S.C. § 513 (a). On appeal, Phan contends that: 1) insufficient evidence supports his conviction; 2) the trial court erred in denying his request for a four-level “minimal role” adjustment in sentencing; and 3) the trial court abused its discretion in sentencing him according to the full value of the counterfeit checks that he and his co-defendants attempted to sell. We have jurisdiction over Phan’s appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm the judgment of the District Court.

After a trial in the Central District of California, Phan was convicted of possession of counterfeit securities and sentenced *110 to 21 months imprisonment and two years of supervised release. We do not repeat additional factual or procedural background of the case except as necessary, as that background is known to the parties.

1. Sufficiency of the Evidence

This Court reviews claims of insufficient evidence de novo. United States v. Odom, 329 F.3d 1032, 1034 (9th Cir.2003). There is sufficient evidence to support a conviction if, viewing the…