Yan

United States v. Yan

Good Law
146 F. App'x 906
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 05-10000California513 words

Opinion

Lead Opinion

MEMORANDUM **

In this appeal from a conviction for conspiracy to collect extensions of credit by extortionate means, in violation of 18 U.S.C. § 894 , only one issue is before us. Jin Shi Yan assigns error to the denial of his motion for acquittal. We have reviewed the record and the relevant case law and affirm the judgment.

Three visiting workers from China who were employed under the immigration laws of the Commonwealth of the North *907 ern Mariana Islands, became indebted to the appellant and his codefendant, Jin Yong Huang. One witness testified that the two creditors threatened her with violence, and two others testified that the creditors wrongfully took and withheld their passports. Witnesses also testified that Yan and Huang otherwise attempted to coerce payments of debts. In the course of the jury trial, two of the victims of the alleged coercion identified the appellant, but the principal witness was unable to identify Jin Shi Yan when he was asked to stand up in the courtroom. The appellant also was identified in a videotape that was made during a sting operation and in a photograph taken the day after the appellant’s arrest. The jury could compare the appellant’s…

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