United States v. Huy Chi Luong

MEMORANDUM **

John That Luong, Mady Chan and Huy Chi Luong contend on interlocutory appeal that the district court erroneously denied their motion to dismiss their indictments for violations of double jeopardy and due process. We dismiss the appeal for lack of jurisdiction.

We have interlocutory jurisdiction to reach the merits only of “colorable” double jeopardy claims. United States v. Hickey, 367 F.3d 888, 891 (9th Cir.2004). In a related appeal, we recently held that the five-factor test outlined in United States v. Stoddard, 111 F.3d 1450, 1454 (9th Cir.1997) “does not extend to RICO predicate acts,” rather, we have applied it “in cases involving successive conspiracy charges under the same statute. ” United States v. Luong, 393 F.3d 913, 916-17 (9th Cir.2004) (emphasis added). Therefore, in determining whether the charges of conspiring to launder monetary instruments in violation of 18 U.S.C. § 1956 (h) and conspiring to conduct the affairs of a racketeering enterprise in violation of 18 U.S.C. § 1962 (d) charge the “same offense” for double jeopardy purposes, we reject Appellants’ arguments based on Stoddard and apply instead the test established in Blockburger v. United…