619 Fed.Appx. 580 (9th Cir. 2015), 14-10294, United States v. Wong

Docket Nº:14-10294
Citation:619 Fed.Appx. 580
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HONG LEE WONG, AKA William Wong, Defendant - Appellant. UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NGOC DUONG, AKA Danny Duong, Defendant - Appellant
Attorney:For UNITED STATES OF AMERICA, Plaintiff - Appellee: David Countryman, Assistant U.S. Attorney, Owen Peter Martikan, Assistant U.S. Attorney, Barbara Valliere, Assistant U.S. Attorney, San Francisco, CA; Damali A. Taylor, Attorney, O'Melveny & Myers LLP, San Francisco, CA. For HONG LEE WONG, AKA W...
Judge Panel:Before: TALLMAN, M. SMITH, and MURGUIA, Circuit Judges.
Case Date:July 23, 2015
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 580

619 Fed.Appx. 580 (9th Cir. 2015)

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

HONG LEE WONG, AKA William Wong, Defendant - Appellant.

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

NGOC DUONG, AKA Danny Duong, Defendant - Appellant

No. 14-10294

United States Court of Appeals, Ninth Circuit

July 23, 2015

Argued and Submitted July 7, 2015

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Northern District of California. D.C. No. 3:12-cr-00578-SI-1. Susan Illston, Senior District Judge, Presiding.

For UNITED STATES OF AMERICA, Plaintiff - Appellee: David Countryman, Assistant U.S. Attorney, Owen Peter Martikan, Assistant U.S. Attorney, Barbara Valliere, Assistant U.S. Attorney, San Francisco, CA; Damali A. Taylor, Attorney, O'Melveny & Myers LLP, San Francisco, CA.

For HONG LEE WONG, AKA William Wong, Defendant - Appellant: Candis Mitchell, Assistant Federal Public Defender, FPDCA - FEDERAL PUBLIC DEFENDER'S OFFICE (SAN FRANCISCO), San Francisco, CA; Brandon M. LeBlanc, Assistant Federal Public Defender, Federal Defenders of San Diego, San Diego, CA.

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Denise Marie Barton, David Countryman, Assistant U.S. Attorney, Owen Peter Martikan, Assistant U.S. Attorney, Damali A. Taylor, Attorney, Barbara Valliere, Assistant U.S. Attorney, San Francisco, CA.

NGOC DUONG, AKA Duong, Defendant - Appellant: Claire Margaret Leary, Law Office of Claire Leary, San Francisco, CA.

Before: TALLMAN, M. SMITH, and MURGUIA, Circuit Judges.

Page 581

MEMORANDUM[*]

Duong and Wong each were convicted of wire fraud and aggravated identity theft,

Page 582

receiving sentences of thirty and twenty-eight months' imprisonment, respectively. The district court held Wong and Duong jointly liable to Cheery Way for $166,781.31 in restitution. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

Wong argues that the district court erred in instructing the jury that it could infer that Wong knew the Six Flags project was a fraud from evidence that Wong was deliberately...

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