United States v. Khanh Phuong Nguyen

MEMORANDUM *

Khanh Nguyen and Tuyet Phan appeal their convictions for conspiracy to import methamphetamine (Count 1), aiding and abetting the importation of methamphetamine (Count 2), and attempting to possess with intent to distribute more than fifty grams of methamphetamine (Count 3). They argue that evidence was improperly admitted at trial, that the evidence was insufficient to support their convictions, and that Phan should have been sentenced as a minor participant. We reverse the convictions on Counts 1 and 2, affirm the convictions on Count 3, and remand for resentencing on the remaining count.

The district court properly admitted evidence of Nguyen’s and Phan’s familial relationship with Thanh Phuong Nguyen, whose driver’s license address matched that indicated on the package of drugs delivered to Phan and opened by Nguyen. See United States v. Hicks, 103 F.3d 837, 843 (9th Cir.1996) (evidentiary rulings reviewed for abuse of discretion.) The fact was relevant to the question of whether Phan and Nguyen knew they were receiving a package containing drugs based on the coded words and numbers on the package’s address label. The evidence was’prejudicial only in the sense…