United States v. Ching Tse Yu

MEMORANDUM **

Defendant Ching Tse Yu was convicted of: Count 1 conspiracy to aid and abet the manufacture of methamphetamine in violation of 21 U.S.C. §§ 846 , 841(a)(1) and 18 U.S.C. § 2 ; Count 2 aiding and abetting the manufacture of methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 ; Counts 3 through 6 possessing laboratory equipment knowing it would be used to manufacture methamphetamine in violation of 21 U.S.C. § 843 (a)(6); Counts 7 through 11 distribution of lab equipment knowing it would be used to manufacture methamphetamine in violation of 21 U.S.C. § 843 (a)(7); Counts 12 through 22 money laundering in violation of 18 U.S.C. § 1956 ; and Counts 23 and 24 criminal forfeiture in violation of 21 U.S.C. § 853 and 18 U.S.C. § 982 (a)(1). She raises several arguments on appeal challenging her sentence following a guilty plea conviction. We reject all of Yu’s arguments with the exception of a remand for resentencing under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

Because the parties are familiar with the facts, we do not recite them in detail. Yu pleaded guilty and was sentenced to 188 months each on Counts 1 and 2, 120 months…