United States v. Cuong Ky Au

MEMORANDUM *

Cuong Ky Au, Thanh Quang Tran, and Nathan Dang appeal their convictions and sentences for conspiracy to possess methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846. All three contend insufficient evidence supported the jury’s findings regarding the amount of methamphetamine for which each was responsible because the prosecution did not show that an overt act in furtherance of the conspiracy was committed.

Tran also argues that (1) the government improperly vouched for a cooperating witness by referring to the truthfulness provision of the witness’s plea agreement and by moving the plea agreement into evidence; (2) the government misstated the evidence and disparaged defense counsel during closing argument; (3) the government presented impermissible expert testimony; and (4) the district court should have granted Tran a downward sentencing adjustment because he served a minor role in the methamphetamine conspiracy. Dang joins the argument regarding improper expert testimony.

We conclude the jury heard sufficient evidence to allow it to attribute to Au negotiations regarding more than 500 grams of methamphetamine, and to each of…