United States v. Bang Hai Khong

Good Law
322 F. App'x 493
United States Court of Appeals for the Ninth CircuitApril 7, 2009Nos. 06-10288, 07-16755California821 words

Opinion

Lead Opinion

MEMORANDUM **

Bang Hai Khong was charged with and convicted of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. Before appealing he filed a 28 U.S.C. § 2255 motion to collaterally challenge his conviction. Khong argued that he was prejudiced by ineffective assistance of counsel during the plea bargaining stage of his trial. The district court denied the motion, and *495 Khong now appeals from his conviction and from the denial of his § 2255 motion.

We conclude that Khong’s arguments for reversal of his conviction are meritless. The district court did not err in denying the motion to suppress because the initial stop of Khong’s car was reasonable, and Khong consented to the subsequent search. See Whren v. United States, 517 U.S. 806, 810 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996); Sehneekloth v. Bustamante, 412 U.S. 218, 222 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973). Nor did the district court abuse its discretion by limiting the testimony of Khong’s proffered expert. See Menendez v. Terhune, 422 F.3d 1012, 1033 (9th Cir.2005). However, we reverse the denial of the § 2255 motion and remand for further proceedings.

We review de novo a…

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