United States v. Thanh Viet Cao

MEMORANDUM

Thanh Viet “Jeremy” Cao (“Cao”) appeals his conviction on one count of conspiracy to commit wire fraud, and three counts of wire fraud and aiding and abetting wire fraud, in violation of 18 U.S.C. §§ 2 , 1341, 1343, and 1349. He also appeals his sentence of 360 months in custody. We have jurisdiction under 28 U.S.C. § 1291 . We affirm Cao’s conviction and sentence.

The district court did not abuse its discretion by denying Cao’s motion to recuse all of the judges of the United States District Court for the Southern District of California. Where a litigant threatens a judge, “ ‘perhaps ... the most important’ ” aspect of the recusal inquiry under 28 U.S.C. § 455 (a) is “the perceived purpose of the threat.” United States v. Spangle, 626 F.3d 488, 496 (9th Cir.2010) (quoting United States v. Holland, 519 F.3d 909, 915 (9th Cir.2008)). Disqualification is not necessary or appropriate where the purpose of the threat is to “force recusal and manipulate the judicial system,” Holland, 519 F.3d at 915 , rather than “actual malice,” Spangle, 626 F.3d at 496 . In this case, after the investigation into Cao’s activities had begun, but before he was indicted, Cao threatened to…