Thanh

MEMORANDUM *

Trai Due Ngo (Ngo), Dzung Quoc Anh Nguyen (Dzung), Quoc Thanh Nguyen (Quoc), Tinh Huy Nguyen (Tinh), and Long Hoai Thanh (Thanh) appeal from their convictions for conspiracy to commit interstate transportation of stolen property (Count One), Hobbs Act conspiracy (Count Two), and carrying a firearm during and in relation to a crime of violence (Count Three). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 , and we have jurisdiction over the consolidated timely filed appeals pursuant to 28 U.S.C. § 1291 . We affirm the convictions of Tinh and Thanh on all three counts. We also affirm the convictions of Dzung, Ngo, and Quoc on Counts Two and Three, but we reverse their convictions on Count One.

Double Jeopardy. Thanh and Dzung assert that their conspiracy convictions violate the Double Jeopardy Clause. The indictment and jury instructions on Count One invoke 18 U.S.C. § 371 , the generic federal conspiracy statute, and require the jury to find that the defendants conspired to transport stolen goods in interstate commerce in violation of 18 U.S.C. § 2314 . Count Two, on the other hand, outlines the elements of 18 U.S.C. § 1951 (a): conspiracy to…