United States v. Jia Huan Chen

MEMORANDUM **

Jia Huan Chen appeals from the 78-month sentence imposed upon re-sentencing, following his jury trial conviction for conspiracy to collect extensions of credit by extortionate means and collection of extensions of credit by extortionate means, in violation of 18 U.S.C. §§ 2 and 894. Wei Jun Chen appeals from his guilty-plea conviction and 78-month sentence imposed upon re-sentencing for conspiracy to collect extensions of credit by extortionate means and collection of extensions of credit by extortionate means, in violation of 18 U.S.C. §§ 2 and 894.

In appeal no. 06-10336, Jia Huan Chen contends that the district court failed to provide notice of its intent to sentence him outside the range suggested by the Sentencing Guidelines as required by Federal Rule of Criminal Procedure 32(h). See United States v. Evans-Martinez, 448 F.3d 1163, 1167 (9th Cir.2006). In light of this court’s holding in United States v. Evans-Martinez, we vacate Jia Huan Chen’s sentence and remand for proceedings consistent with its holding. See id.

In appeal no. 06-10341, pursuant to An-ders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Wei Jun Chen’s counsel has…