United States v. Yi Qing Chen

MEMORANDUM

Yi Qing Chen appeals his conviction and sentence on five counts involving smuggling of cocaine, methamphetamine, cigarettes, and missiles. We affirm.

Chen’s requested instruction that pretending to conspire is not a crime was reasonably covered by the instructions given by the district court. See United States v. Del Toro-Barboza, 673 F.3d 1136, 1147 (9th Cir.2012). The district court’s clarification, in response to a juror’s question, that the jury could consider evidence of whether the defendant believed that he could accomplish the conspiracy’s objectives was adequate to address any lingering confusion. See United States v. Frega, 179 F.3d 793, 809-10 (9th Cir.1999).

The district court erred by failing to instruct the jury that the statute underlying Chen’s conviction for conspiracy to acquire missiles designed to destroy aircraft, 18 U.S.C. § 2332g, was enacted during the alleged conspiracy period. However, the error was not prejudicial. The jury was presented with, among other evidence, transcripts of numerous post-enactment meetings between Chen, Wu, and Hamer in which terms of a missile deal were negotiated. During those meetings, Chen and Wu had conversations…