Andres

United States v. Andres

Good Law
178 F. App'x 736
United States Court of Appeals for the Ninth CircuitMay 8, 2006Nos. 05-10431, 05-10435California2,351 words

Opinion

lead Opinion

MEMORANDUM **

Appellant-Defendant Andres appeals his sentence of 41 months following a guilty plea to charges of racketeering in violation of the Racketeering Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962 (c), conspiring to commit a racketeering offense in violation of 18 U.S.C. § 1962 (d) and federal extortion in violation of 18 U.S.C. § 1951 . Appellant Mina, a co-defendant charged with the same violations, was convicted of the charges by a jury and sentenced to 65 months imprisonment. Mina challenges his conviction on a number of grounds and appeals his sentence. We affirm Mina’s conviction and both Andres’ and Mina’s sentences. 1

I. Mina’s Conviction

Mina argues that the district court (1) erred in denying his motion to suppress statements he made to law enforcement agents without first being given his Miranda warnings; (2) erred in denying his motion in limine to exclude evidence of his travel to the Philippines; and (3) improperly instructed the jury on the crime of federal extortion. Mina also contends (4) that the prosecutor improperly vouched for witnesses’ credibility; and (5) that there was insufficient evidence to convict him of racketeering and…

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