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.

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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