United States v. Zheng Qu

MEMORANDUM ***

Zheng Qu and Pengquan Xie were found guilty of conspiring to transport individuals for the purpose of prostitution and for transporting individuals for that purpose. See 18 U.S.C. §§ 371 , 2422. Both appeal their convictions. Qu also appeals his sentence on the basis that it was unreasonable. We affirm.

(1) Qu and Xie both assert that there was plain error 1 because the prosecutor vouched for a witness. The prosecution did ask a witness if there was a plea agreement that required him to testify truthfully. But that was after Qu had argued that the witness was not trustworthy — a devious person. There was no vouching. See United States v. Ortiz, 362 F.3d 1274, 1278 (9th Cir.2004); United States v. Necoechea, 986 F.2d 1273, 1278-79 (9th Cir.1993); United States v. Monroe, 943 F.2d 1007, 1013-14 (9th Cir.1991); see also United States v. Schoneberg, 396 F.3d 1036 , 1043 n. 13 (9th Cir.2005). Even were we to find some vouching, it was of the mildest sort, and the district court’s instructions were sufficient to dispel any possible prejudice. See Brooks, 508 F.3d at 1211; see also Ortiz, 362 F.3d at 1279 . There was no plain error.

*617 (2) Both Qu and Xie also claim…