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083791P.pdf 04/02/2010 United States v. Phieu Nguyen
U.S. Court of Appeals Case No: 08-3791
and No: 08-3804
and No: 08-3854
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Riley, Author, with Smith and Gruender, Circuit Judges]
Criminal case - criminal law and sentencing. Defendant David
Nguyen's sentence was not constitutionally defective and his challenge to
the sentence fell within his plea waiver and must be dismissed; evidence
was sufficient to support defendant Va's conviction for conspiracy;
district court's instruction that conspiracy may serve as a predicate
offense for the crime of Continuing Criminal Enterprise was a correct
statement of the law; instruction submitting alternate theories of money
laundering was not erroneous; evidence was sufficient to support
defendant Phieu's convictions for Continuing Criminal Enterprise and
money laundering; forfeiture order for defendant Phieu's car vacated as
the government concedes there was not a sufficient connection between
the vehicle and the crime of Continuing Criminal Enterprise; forfeiture of
Phieu's house and cash affirmed.