United States v. My-Huong Thi Hoang

MEMORANDUM *

My-Huong Thi Hoang appeals the district court’s denial of her motion for a new *687 trial and challenges the district court’s imposition of a 63-month sentence after she was convicted of mail fraud and money laundering in violation of 18 U.S.C. § 1341 and 18 U.S.C. § 1956 . Hoang and her then-husband owned and operated a pharmacy and engaged in a scheme to defraud private insurance companies: they submitted false claims to these companies, representing that the pharmacy had dispensed prescription drugs that were covered under the insurance companies’ policies when in fact no medications had been requested or dispensed.

In her motion for a new trial, Hoang offered a contract between her and her mother-in-law. A motion for a new trial based on newly discovered evidence should be granted where the following criteria are met: (1) the evidence must be newly discovered; (2) the failure to discover the evidence sooner must not be the result of a lack of diligence on the defendant’s part; (3) the evidence must be material to the issues at trial; (4) the evidence must be neither cumulative nor merely impeaching; and (5) the evidence must indicate that a new trial would…