United States v. Peng Xiang Li

MEMORANDUM

Appellant Peng Xiang Li appeals his conviction and sentence for conspiring to distribute marijuana and possessing marijuana with intent to distribute in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 841(b)(l)(A)(vii). Specifically, Li challenges the issuance of a wiretap that revealed information leading to his indictment and conviction, as well as the sentencing court’s denial of safety valve relief under 18 U.S.C. § 3553 (f)(5). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The district court did not abuse its discretion in authorizing the wiretap that ultimately implicated Li in the drug trafficking conspiracy. Although Li argues that the government failed to demonstrate that the wiretap was necessary under 18 U.S.C. § 2518 (3)(c), the record belies his contention. The government submitted a ninety-page affidavit that detailed the progress of the investigation and described numerous investigatory techniques which had been utilized. Further, the affidavit provided case-specific explanations as to why the government believed alternative investigatory methods, such as the use of undercover agents, trash searches, search warrants, subpoenas,…