Luong

MEMORANDUM *

John That Luong (“Luong”), Huy Chi Luong (“Huy Chi”), Hong Ai Le (“Le”), and Mady Chan (“Chan”) appeal their convictions and sentences for substantive violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), RICO conspiracy, Hobbs Act robbery, Hobbs Act conspiracy, use of a firearm in connection with a Hobbs Act conspiracy, heroin conspiracy, distribution of heroin, and use of a telephone in furtherance of a heroin conspiracy. In a published opinion filed contemporaneously with this memorandum disposition, we have rejected the appellants’ challenge to the district court’s jurisdiction to authorize a wiretap of Luong’s mobile phone. We resolve the remaining appellate issues in this disposition. Our jurisdiction is founded in 28 U.S.C. § 1291 . We reverse Chan’s substantive RICO conviction, affirm the remaining convictions, vacate all four sentences, and remand for full re-sentencing.

I. Challenges to the Sufficiency of the Evidence

We review de novo the denial of petitioners’ motions for acquittal based on insufficient evidence. United States v. Carranza, 289 F.3d 634, 641 (9th Cir.2002). “Evidence is sufficient if, viewed in a light most…