United States v. Bao Lu

MEMORANDUM *

In these consolidated appeals, three defendants, Son Van Nguyen, Bao Lu and *394 Thy Chann, 1 appeal their convictions following a twenty-day jury trial for conspiracy to commit a Hobbs Act robbery, use of a firearm in connection with a crime of violence, and aiding and abetting a death caused by such use of a firearm. 18 U.S.C. §§ 2 , 1951(a), 924(c)(1) and 924(j). We affirm their convictions and remand their sentences pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

I. As to All Three Defendants:

A. Constructive Amendment of Indictment

The government did not constructively amend the indictment by introducing evidence that the Phnom Pich Jewelry Store was involved in the interstate purchase of diamonds, as opposed to gold. The indictment stated that Phnom Pich “was engaged in the sale of jewelry and other products in foreign and interstate commerce” and that the store “was in an industry which affects interstate commerce.” This broad language did not limit the government to introducing evidence only about gold.

B. Hobbs Act—Sufficiency of Evidence

The district court did not err by denying the defendants’ motion for acquittal because…